How to answer a debt lawsuit in West Virginia

How long you have, how to file, what it costs and which defenses to raise.

Checked against official sources: Oct 24, 2026.

Short answer

Magistrate court: 20 days. Magistrate court, an agent accepted service for you: 30 days. Circuit court: 30 days. Magistrate court: file the answer with the magistrate clerk and give a copy to the plaintiff by first-class mail or in person.

Time to answer
20 days
Official answer form
Answer (SCA-M225), magistrate court
Fee to answer
The magistrate court information sheet says no fee is required to file a counterclaim with your answer, and lists no answer fee.

How long you have to answer in West Virginia

  • Magistrate court: 20 days.
  • Magistrate court, an agent accepted service for you: 30 days.
  • Circuit court: 30 days.

Magistrate court: 20 days after you are served (30 days if an agent or attorney-in-fact accepted service for you). Circuit court: 30 days after you are served.

Law: W. Va. Magistrate Court Civil Rule 4; W. Va. R. Civ. P. 12(a)(1)(A); Information Sheet SCA-MI 401NP

In nearby states

Count your exact deadline

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Defenses you can raise in West Virginia

Signed written contracts have a 10-year limit and other contracts 5 years. A debt collector must tell you in writing if a debt is too old to sue on. If your answer raises lack of jurisdiction, bad service or failure to state a claim, you can ask for a pretrial hearing in magistrate court.

Law: W. Va. Code § 55-2-6; W. Va. Code § 46A-2-128(f); Magistrate Court Civil Rule 11(b)

A written-contract debt in West Virginia must be sued on within 10 years. Raise an older debt as a defense in your answer.

Fill in West Virginia's official answer form: a helper

Start with the official form: Answer (SCA-M225), magistrate court

This helper is not a court form and does not file anything. It lists what to copy onto the official form, in plain words.

Which of these are true? (optional)
What to put on the official form

Filing an answer in West Virginia

Magistrate court: file the answer with the magistrate clerk and give a copy to the plaintiff by first-class mail or in person. You can admit, deny, or admit part; if you deny any part, a trial is scheduled. Circuit court: serve a written answer with a civil case information statement and file it with the circuit clerk.

What answering costs in West Virginia

Fee to answer

The magistrate court information sheet says no fee is required to file a counterclaim with your answer, and lists no answer fee.

If you can't pay the fees

Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security (SCA-C&M201): https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf

When service counts in West Virginia

Service means officially getting the court papers. Your deadline usually starts that day.

In magistrate court, the summons and complaint are served the same way as in circuit court, under Rule 4 of the Rules of Civil Procedure.

Law: W. Va. Magistrate Court Civil Rule 3; W. Va. R. Civ. P. 4

What to do now in West Virginia

  1. Check the court papers

    The summons names the court, the case number and the lawyer suing you. Keep it safe.

  2. Count the days

    Your deadline in West Virginia: Magistrate court: 20 days; Magistrate court, an agent accepted service for you: 30 days; Circuit court: 30 days.

  3. Answer in writing

    Use the official form: Answer (SCA-M225), magistrate court.

  4. Ask for the documents

    Use a documents request letter to see what they can prove.

  5. Ask for free help

    Ask for free help: Legal Aid of West Virginia.

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)

Free help in West Virginia

Questions about answering in West Virginia

How long do I have to answer a debt lawsuit in West Virginia?

Magistrate court: 20 days after you are served (30 days if an agent or attorney-in-fact accepted service for you). Circuit court: 30 days after you are served.

How do I file an answer in West Virginia?

Magistrate court: file the answer with the magistrate clerk and give a copy to the plaintiff by first-class mail or in person. You can admit, deny, or admit part; if you deny any part, a trial is scheduled. Circuit court: serve a written answer with a civil case information statement and file it with the circuit clerk.

Where is West Virginia's answer form?

Answer (SCA-M225), magistrate court: https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-M225.pdf

Is there a fee to answer in West Virginia?

The magistrate court information sheet says no fee is required to file a counterclaim with your answer, and lists no answer fee.

What if I can't afford the court fees in West Virginia?

Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security (SCA-C&M201): https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf

Related West Virginia pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources
Count my deadline