How do I file an answer to a complaint filed in small claims court?
In West Virginia, if you are served with a complaint in small claims court, you will need to file an answer to the complaint in order to defend yourself. You are required to answer the complaint within 20 days of the day you are served. You can answer the complaint either in writing or in person. If filing in writing, you must fill out the Answer Form obtained from the Clerk of the County Commission, and you must sign it under oath before a notary public. The form will need to include your address, the case number, a statement of whether the allegations in the complaint are denied or admitted, and any other facts that you wish to make known to the court. Then, you must file the answer with the Clerk of the County Commission and deliver a copy of it to the plaintiff or their attorney. You can also answer the complaint in person by appearing in court on the return date of the summons. Once in court, you will need to explain to the judge how you intend to defend yourself. Make sure to bring all documents and proof to the court hearing and be prepared to explain why you believe you do not owe what the plaintiff is claiming. No matter which way you decide to answer the complaint, make sure to do it within the allotted time to avoid being found in default.
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