West Virginia Court Records
What are West Virginia Small Claims Cases and Class Action Lawsuits?
West Virginia Small claim lawsuits involve civil proceedings between two parties with financial claims not exceeding $5,000. In West Virginia, the magistrate court is tasked with handling and resolving these lawsuits. The court, also known as the ‘People’s Court’ ensures that small claims disputes are settled efficiently, swiftly, and cheaply. Claimants in small claim cases must be at least 18 years old to be entitled to file a financial claim. However, parents or guardians of young claimants below the required age can file on their behalf. Class action litigation in West Virginia is a collective case brought by a representative plaintiff. Based on the nature of the case, the representative plaintiff can be more than one individual in a class-action. In most instances, class action lawsuits are brought against state institutions or corporate entities.
What is a Class Action Lawsuit in West Virginia?
Rule 23 of the West Virginia Code of Civil Procedure describes class action cases are civil proceedings brought on behalf of people of a related mutual interest by one or a few entities. Typically, class action comprises a significant group of people holding the same allegation against the same legal body.
How do I File a Claim in a West Virginia Small Claims Court?
Individuals seeking to file a lawsuit with a small claims court in West Virginia must be 18 years old and above. Younger persons can pursue a case through their parents or authorized guardians. Before the proceeding, the defendant can contact a lawyer for advice. However, lawyers are not licensed to defend complainants in court. In some instances, plaintiffs are advised to seek mediation first before suing the defendant. If the mediation programs fail, complainants can initiate a lawsuit by visiting the magistrate court located in the county where the defendant lives. A small claim form may be provided by the court clerk or can be downloaded online. Plaintiffs are often required to attach any proof to support the claim. Examples of such evidence are images of damaged products, signed documents, invoices, police reports, etc. On submission of the form, complainants may be charged between $50 and $70 as a filing fee, depending on the claim’s amount. After filing, defendants will be notified through certified mail, first-class mail, personal service, or service on family members. The service of process must be completed within six months; else, the case will be dismissed by the court. Note also that the defendant is required to answer within 20 days from the date of service. The trial date will be initiated once the defendant recognizes the plaintiff by responding to the summons and complaint form served. In West Virginia, complainants can request for a jury trial provided that the claim is above $20.
Do I Need a Small Claims Lawyer?
For the most part, a small claims lawyer in West Virginia is recommended. They give legal counsel on whether to continue with the case and optimize the potential for the claim suit. Attorneys may be invaluable to the accused in providing legal details about presenting a lawsuit in court. In the West Virginia magistrate court, lawyers are licensed to defend clients. As such, it may not be a bad idea to hire a professional lawyer.
How do Class Action Lawsuits Work in West Virginia?
Class action cases in West Virginia may involve a company, a school, or a governmental agency. These cases are commonly brought against private entities and state agencies by many plaintiffs with similar complaints. The first stage of filing a class action is in two parts: a lawsuit and a party certification petition are lodged. The party of aggrieved parties must be accepted as a legal unit for a class-action lawsuit to be eligible. In other words, plaintiffs must persuade the court that the case’s subject matter has a relevant shared interest within the public. The complainant must equally demonstrate that the claims’ rulings would favor both the judge and the class members. The litigation will continue as a civil lawsuit once the members are certified. The court provides court summons to the class members regarding the circumstances of the suit and the rights of each representative. Part of that is the privilege to withdraw from the class and file a private lawsuit. In the course of the hearing, the class members are required to share the costs. Many West Virginia lawsuits are typically settled by mediation and are handled by lawyers.
Is a Class Action Better Than a Single Party Suit?
In many ways, a class action case is better than individual claims. Class action cases have the benefit of saving administrative procedures, time, and money for the court. A powerful public sentiment created by the aggrieved individuals will tip the jury in support of the class because of the vast number of individuals participating in the case.
Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the document or person involved
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.
What Cases are Heard by Small Claims Courts in West Virginia?
The magistrate courts located in each county in West Virginia is open to different types of small claims cases such as:
- Property or emotional damages
- Defamation of a person’s (or business) character
- Salaries that are withheld
- Debt claims or bad check
- Conflicts over auto maintenance
- Disputes involving home renovation
- Down payments or security deposits
- Product liability resulting from a faulty product that causes an accident.
- Malpractice in the workplace whereby the recklessness or neglect of a worker causes injury or emotional damages to another.
- Claims of nuisance between neighbors or peers in which one’s actions violate the other’s privacy or health.
- Physical injury-damage or failure resulted from another’s carelessness, such as an accident caused by a reckless driver.