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Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
In West Virginia, small claims court is called magistrate court. You may file in magistrate court on your own for anything that is $10,000 or less.
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order. Money orders must be payable to "Clerk, U.S. District Court".
Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.