West Virginia Answer to a Complaint

Introduction

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.

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.