What types of disputes can I take to small claims court?
In West Virginia, small claims court is a type of court where individuals can file lawsuits for up to $5,000 without the expense of hiring an attorney. Small claims court can be used to resolve disputes that involve money, property, or contracts. It is also an alternative to filing a lawsuit in district court. Examples of disputes that can be taken to small claims court in West Virginia include disputes over unpaid debts, such as unpaid rent, utility bills, or credit card bills; disputes over an individual’s breach of contract, such as failure to deliver services as promised; and disputes over property damage, such as damage from a car accident or a leaky roof. Small claims court is also available for disputes involving damage to personal property, including furniture or electronics, when the damage is valued at less than $5,000. In addition, individuals can file small claims for monetary compensation due to injuries suffered from another individual or business, under the theory of negligence. Individuals who choose to file in small claims court are typically required to represent themselves; this means that individuals filing will need to gather evidence and present their cases in a clear and organized manner. Evidence can include written contracts, receipts, invoices, photographs, witness statements, and other documents.
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