Lawsuits to collect debts are usually filed in state courts—and may be filed in small claims courts, depending on the amount of the debt and the small claims court’s jurisdictional limits (the maximum amount of a claim that can be filed in the court).
In West Virginia, lawsuits to collect debts are typically filed in the state's court system. The venue for filing a debt collection lawsuit depends on the amount of the debt. If the debt amount is within the jurisdictional limits of the small claims court, which is generally for claims up to $10,000, the lawsuit may be filed there. This court is designed to be more accessible and less formal, allowing individuals to represent themselves without an attorney. For debts exceeding the small claims court's limits, the case would be filed in a higher court, such as a Circuit Court. It is important for debtors to respond to such lawsuits to avoid default judgments, and they may wish to seek advice from an attorney to understand their rights and obligations under West Virginia law.