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West Virginia Answer to a Complaint

West Virginia gives you 30 calendar days to answer a complaint under W. Va. R. Civ. P. 12(a)(1)(A). File on time or the plaintiff can take a default judgment.

Introduction

A West Virginia Answer to a Complaint is the written response you file with the clerk of the Circuit Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, W. Va. R. Civ. P. 12(a)(1)(A) gives you 30 calendar days after you are served to serve your answer. That 30-day period is recent. The January 1, 2025 amendment to Rule 12(a)(1)(A) raised it from the former 20 days, and under the amended Rule 6(a) every intermediate Saturday, Sunday, and legal holiday now counts, so the period is calendar regardless of length. West Virginia has no mandatory statewide form for a general civil answer, so the answer is a typed pleading that follows the caption rules of W. Va. R. Civ. P. 10(a), filed with the clerk of the court where the action is pending. The deadline is different in other courts. Magistrate Court allows 20 days, an unlawful detainer or wrongful occupation eviction allows only 5 court days, and a Family Court answer follows the 30-day Rule 12 period. Miss your deadline and the clerk can enter your default under W. Va. R. Civ. P. 55(a). DocDraft drafts a West Virginia-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 30 calendar days, and it is new. Under W. Va. R. Civ. P. 12(a)(1)(A), as amended effective January 1, 2025, your answer is due within 30 calendar days after you are served with the summons and complaint in Circuit Court, up from the former 20 days.

  2. 2

    Every day counts toward the 30. Under the amended W. Va. R. Civ. P. 6(a), intermediate Saturdays, Sundays, and legal holidays are all counted in the 30-day Circuit Court period, so it is a calendar count with no short-period exclusion.

  3. 3

    There is no statewide answer form. West Virginia has no mandatory state form for a general civil answer, so you type the answer as a pleading that follows the caption rules of W. Va. R. Civ. P. 10(a). Magistrate Court has an optional answer form (SCA-M225) and Family Court has form SCA-FC-108.

  4. 4

    Magistrate Court uses a different clock. In Magistrate Court, the small claims forum for cases up to $20,000, the answer is due within 20 days after service under W. Va. R. Civ. P. Mag. Ct. 4(b)(1). West Virginia Magistrate Court does require a written answer; you do not just appear on a return date.

  5. 5

    An eviction answer is only 5 court days. In an unlawful entry and detainer or wrongful occupation of residential rental property case, the answer is due within 5 days after service under W. Va. R. Civ. P. Mag. Ct. 4(b)(4), and because that window is under 7 days, Rule 20(a)(3) excludes intermediate Saturdays, Sundays, and legal holidays, making it court days.

  6. 6

    There is no fee to answer, and waivers exist. The fee to file an answer is $0, unless you include a counterclaim, cross-claim, or third-party complaint, which is $200. If you cannot afford court costs you can ask for a waiver using the Financial Affidavit and Application form SCA-C&M201.

  7. 7

    A related claim may be compulsory. Under W. Va. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be filed with your answer, and the statute of limitations on a written contract is ten years under W. Va. Code 55-2-6.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

[PLAINTIFF NAME], Plaintiff, v. Civil Action No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO THE COMPLAINT

NOW COMES the Defendant, [DEFENDANT NAME], and for an answer to the Complaint filed by Plaintiff [PLAINTIFF NAME], states as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and therefore denies] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the ten-year statute of limitations on a written contract under W. Va. Code 55-2-6; payment; release; accord and satisfaction; statute of frauds; estoppel; fraud.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under W. Va. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be filed with this answer. Including a counterclaim raises the filing fee to $200.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant prays that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under W. Va. R. Civ. P. 5(b), by [hand delivery / mail to the last known address / electronic service in an e-filing county]. [SIGNATURE]

West Virginia Requirements for Answer to a Complaint

30-Day Answer Deadline

In a general civil case your answer is due within 30 calendar days after you are served with the summons and complaint, under W. Va. R. Civ. P. 12(a)(1)(A) as amended effective January 1, 2025 (the former rule allowed 20 days). Under the amended Rule 6(a), every intermediate Saturday, Sunday, and legal holiday is counted. In Magistrate Court the deadline is 20 days under Rule 4(b)(1), and in an eviction it is 5 court days under Rule 4(b)(4).

Typed Pleading, No State Form

West Virginia has no mandatory statewide form for a general civil answer, so the answer is a typed pleading. Magistrate Court provides an optional answer form (SCA-M225) and Family Court provides form SCA-FC-108, but a Circuit Court answer is drafted as a pleading rather than a fill-in form.

Circuit Court Caption

Caption the answer for the court where the action is pending, which for general civil cases is the Circuit Court and for small claims up to $20,000 is the Magistrate Court, following the caption rules of W. Va. R. Civ. P. 10(a). Include the civil action number, the parties' names, and the title Defendant's Answer to the Complaint.

File With the Court Clerk

File your answer with the clerk of the court where the action is pending, under W. Va. R. Civ. P. 5(b). You may file in person, by mail, or by electronic e-filing in the counties where West Virginia E-Filing is utilized.

Serve a Copy on the Plaintiff

Under W. Va. R. Civ. P. 5(b)(2), serve a copy of your answer on the plaintiff or their attorney by hand delivery, by leaving it at the person's office or dwelling, by mail to the last known address, or by electronic service in an e-filing county, and keep proof of service.

No Answer Fee, Waiver Available

The fee to file an answer in West Virginia is $0, unless you include a counterclaim, cross-claim, or third-party complaint, which is $200. If you cannot afford court costs, file the Financial Affidavit and Application for Waiver of Fees, Costs, or Security (form SCA-C&M201), based on income at or below the guidelines.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, fraud, estoppel, res judicata, or waiver. The statute of limitations on a written contract is ten years under W. Va. Code 55-2-6.

Compulsory Counterclaim If Any

Under W. Va. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim is compulsory and must be filed with your answer, or you can lose the right to bring it later. Including a counterclaim raises the filing fee to $200.

Frequently Asked Questions

In a general civil case in Circuit Court, W. Va. R. Civ. P. 12(a)(1)(A) gives you 30 calendar days after you are served with the summons and complaint to serve your answer. The January 1, 2025 amendment raised this from the former 20 days, and the period is counted in calendar days with every weekend and holiday included. The deadline differs in other courts. A Magistrate Court answer is due within 20 days under Rule 4(b)(1), and an unlawful detainer or wrongful occupation eviction answer is due within 5 court days under Rule 4(b)(4). Missing your deadline can lead to a default.

West Virginia has no mandatory statewide form for a general civil answer, so you type the answer as a pleading that complies with the caption rules of W. Va. R. Civ. P. 10(a), naming the court, the parties, the case number, and the title of the pleading. Magistrate Court provides an optional answer form (SCA-M225) and Family Court provides form SCA-FC-108, but for a Circuit Court answer the document is a typed pleading on a compliant caption.

File your answer with the clerk of the court where the action is pending. General civil cases are heard in the Circuit Court, while small claims cases up to $20,000 are heard in the Magistrate Court. You may file in person, by mail, or by electronic e-filing in the counties where West Virginia E-Filing is utilized, under W. Va. R. Civ. P. 5(b).

The fee to file an answer in West Virginia is $0. If your answer includes a counterclaim, cross-claim, or third-party complaint, the fee is $200, and medical professional liability actions also carry a $200 fee. If you cannot afford court costs, you can request a waiver by filing the Financial Affidavit and Application for Waiver of Fees, Costs, or Security (form SCA-C&M201), based on income at or below the guidelines.

If you fail to plead or otherwise defend, the clerk can enter your default under W. Va. R. Civ. P. 55(a), which can lead to a default judgment for what the complaint requests. You may be able to set the default aside by filing a Motion to Set Aside Default or Default Judgment within a reasonable time, and for reasons of mistake or neglect no more than a year, by showing mistake, inadvertence, surprise, unavoidable cause, or excusable neglect under W. Va. R. Civ. P. 60(b)(1) and 60(c)(1).

Yes, and you may be required to. Under W. Va. R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, and it must be filed with your answer or you can lose the right to bring it later. Filing a counterclaim, cross-claim, or third-party complaint raises the filing fee to $200. A claim arising from a different transaction may be raised as a permissive counterclaim.