Small claims limit in West Virginia: $20,000

The rule in West Virginia

The small claims limit in West Virginia is $20,000. The rule is W. Va. Code § 50-2-1; the West Virginia Legislature, Code § 50-2-1 puts it this way: “is not more than $20,000”. The court that hears these cases: Magistrate court.

Among the 51 jurisdictions with a verified figure on this site, West Virginia ranks 3rd from the top. That is $10,000 above the median of $10,000. It is 8 times Kentucky's $2,500 floor and 80% of the $25,000 top figure. Minnesota, Texas and Utah use the same $20,000 figure.

Next door, Kentucky allows $2,500, Maryland allows $5,000, Ohio allows $6,000, Pennsylvania allows $12,000 and Virginia allows $5,000. A claim of $20,000 that fits in West Virginia would be $17,500 over the line in Kentucky.

Worked check against the $20,000 figure: a $10,000 claim uses 50% of the limit and leaves $10,000 of room; a claim of exactly $20,000 still fits, because the rule caps the amount rather than excluding it; a claim of $20,001 is $1 over.

The source checked for West Virginia does not publish a statewide filing fee, so this page shows none; the clerk of the court where the case is filed posts the current amount.

Deposit disputes are a common small claims case. West Virginia sets no cap on deposits (deposit rules), so a deposit larger than $20,000 could not be claimed in full in small claims; the landlord's return deadline there is 60 days.

Source: West Virginia Legislature, Code § 50-2-1 · W. Va. Code § 50-2-1 · last checked October 20, 2026.

Where the case goes

A claim within the limit is filed with the Magistrate court. The linked source is the place to confirm forms, the filing fee and where to file before starting; the guides on filing a small claims case and serving the papers explain the usual steps in general terms.