Are there any special rules for parties under the age of 18 in small claims court?

Yes, there are special rules for parties under the age of 18 in small claims court in West Virginia. Generally, the age to file a legal case in West Virginia is 18, but in some cases, a person as young as 16 can bring a case. A minor can only file a claim if they are an emancipated minor or if they are represented by an adult relative or guardian. It is important to note that minors in West Virginia are not allowed to act as their own lawyer in small claims court. An adult relative must accompany a minor to court and may be allowed to represent the minor in court. In addition, the judge may choose to appoint a guardian ad litem to represent the minor. It is also important to note that a guardian must file the claim on behalf of the minor. If the minor is 16 or 17, both the minor and the guardian must appear in court, although the guardian does not necessarily need to be present when the case is decided. If a minor is involved in a small claims suit, it is important to make sure that all of the rules and regulations outlined by the court are followed and that all parties are represented legally in court. The best way to ensure that the process is handled correctly is to speak with an attorney before filing a claim.

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