Finding a summons in your mailbox is a punch to the gut. The legalese looks like a foreign language, and the threat of a lawsuit hangs over your head like a storm cloud. It’s normal to feel panicked. It’s normal to worry about your bank account, your wages, and your future.
But take a deep breath. You can handle this.
You don’t need a law degree to fight back. You just need a clear head and a plan. The worst thing you can do is ignore it. That guarantees you lose. Instead, let’s walk through exactly how to file an Answer in West Virginia and protect your rights.
[Get Your Court-Ready West Virginia Answer in 15 Minutes]
The Golden Rule: Watch the Clock
In West Virginia, you have a strict deadline. You have 20 days to file your response.
The clock starts ticking the moment you receive the paperwork. Do not wait. If you miss this window, the court can issue a “default judgment” against you. That gives the debt collector the power to garnish your wages, freeze your bank account, or place a lien on your property without you ever saying a word.
Beat the clock. File your Answer.
Step 1: Choose the Right Form
West Virginia has two main courts for debt cases. The paperwork depends on where you were sued.
- Magistrate Court: Handles cases under $10,000. These are the most common. Good news: they provide a simple “checkbox” Answer form.
- Circuit Court: Handles cases over $10,000. These are more formal. There is no standard “fill-in-the-blank” form. You must draft a custom legal document that follows specific formatting rules.
If you are in Circuit Court—or just want to ensure your Magistrate Court filing is professional—we can generate the correct document for you automatically.
Step 2: Respond to the Allegations
Your Answer is your side of the story. You will see a list of numbered paragraphs in the Complaint against you. You must respond to each one. You generally have three options:
- Admit: “Yes, this is true.” (Use this for basic facts like your name).
- Deny: “I dispute this.” (Use this if you disagree with the amount, the fees, or who owns the debt).
- Deny for Lack of Knowledge: “I don’t know if this is true.” (Use this if you can’t verify their claims, like when a third-party collector claims they bought your debt).
- Admit in Part/Deny in Part: “Part of this is true, part is not.”
Pro Tip: Many defendants choose to deny allegations related to the debt amount to force the collector to prove every penny they claim you owe.
Step 3: Assert Your Affirmative Defenses
This is where you play offense. An “affirmative defense” is a legal reason why you shouldn’t have to pay, even if the debt was originally yours. Common West Virginia defenses include:
- Statute of Limitations: The debt is too old. In West Virginia, collectors generally have 10 years to sue for written contracts, but only 5 years for open accounts or oral agreements. If the timeline has passed, the suit must be dismissed.
- Identity Theft: The debt isn’t yours.
- Lack of Standing: The debt collector cannot prove they legally own the debt paper trail.
- Payment: You already paid this debt.
Step 4: File and Serve
Once your Answer is written, you must make it official.
- Print three copies of your Answer.
- File the original with the Court Clerk (by mail or in person).
- Mail one copy to the plaintiff’s attorney (the address is on the Summons).
- Keep one copy for your own records.
Cost to File: In West Virginia, filing an Answer is generally free. You typically do not have to pay a filing fee just to respond to a lawsuit.
You Don’t Have to Do This Alone
The legal system is designed to be confusing, but your defense doesn’t have to be. You have the right to represent yourself, and you have the right to a fair fight.
We built DebtAegis to bridge the gap. We turn your answers into a clean, professional legal document that is ready to file. No lawyers, no hourly fees, just peace of mind.