What is the process of obtaining a judgment in a small claims court case?

In West Virginia, the process for obtaining a judgment in a small claims court case is relatively straightforward. The plaintiff must first file a complaint in the appropriate court in the county in which the defendant resides. Additionally, he or she must also provide the defendant with written notice of the suit. The court then sets a date for a hearing, which is usually within two weeks of the filing of the complaint. At the hearing, both the plaintiff and the defendant are present and are given the opportunity to present their sides of the dispute. Witnesses may be called to testify and evidence can be presented. The judge then reviews the facts of the case and makes a decision. If the plaintiff wins, then the court will issue a judgment, which will require the defendant to take a specific action or to pay damages to the plaintiff. If the defendant does not comply with the judgment, then the plaintiff may have to take the defendant to court again in order to enforce the judgment. In such a case, the plaintiff may take steps such as garnishing the defendant’s wages or seizing their personal property in order to satisfy the judgment. The small claims court process in West Virginia is designed to be relatively simple and cost-effective, allowing disputes to be resolved quickly and without significant legal costs.

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