Where the case may belong
West Virginia Magistrate Court handles many smaller civil disputes. The West Virginia Judiciary describes magistrate courts as handling small claims and civil arguments with $20,000 or less in dispute.
A security deposit dispute may fit there, but filing details can vary by county and by the exact claim.
What to prepare
For a deposit case, prepare:
- the lease and deposit amount
- proof the tenancy ended
- proof you returned possession
- proof of your accurate forwarding address
- any refund or itemized statement
- any contractor-extension notice
- photos, videos, receipts, and messages about condition
- any written request for deduction records
- a simple calculation of the amount you believe is owed
Keep the claim focused
West Virginia deposit claims usually turn on the shorter-of deadline, written itemization, allowed deductions, address and returned-mail facts, contractor-extension notice, and whether any noncompliance was willful or not in good faith.
Keep the presentation focused on those facts.
Official sources used for this guide
- West Virginia Judiciary - Lower Courts
- West Virginia Judiciary - Magistrate Court Civil Procedure Rules
- W. Va. Code § 37-6A-5
Source reviewed: April 2026.
Final check
Before filing, confirm the current filing details, forms, fees, service rules, hearing process, and claim limit with the official magistrate clerk for the county where you plan to file.
Important
This page provides general educational information and is not legal advice.