§50-4-1. Commencement of civil actions.
There shall be one form of civil action in magistrate court.
Civil actions shall be commenced by the payment of the fees
required by article three of this chapter and by providing any
magistrate court clerk, magistrate court deputy clerk, or
magistrate assistant with a concise statement, either oral or
written, of the nature of the cause of action. Where such
statement is filed by a commercial creditor, the statement shall
include, but not be limited to, a setting forth of the amount of
the original obligation, the portion thereof which constitutes
principal, the portion thereof which represents interest, the date
and amount of payments thereon, the amount, if any, credited for
the sale of repossessed collateral, and the amount alleged to be
due. The magistrate court clerk, the magistrate court deputy
clerk, or magistrate assistant shall immediately prepare a summons
in such form and containing such information as may be required by
the rules of the supreme court of appeals. The summons shall be
dated the same day the request therefor is received and the
appropriate fees received, and the action shall be deemed commenced
as of that date. The magistrate assistant shall thereupon forward
the matter to the magistrate court clerk together with any service
of process fees which may have been collected.
Upon receipt of the matter by the magistrate court clerk, such
clerk shall docket the same in a central docket, and shall sign the
summons and forward it, together with any service of process fees,
to the sheriff for service. Such clerk shall assign the action for
trial in the manner as shall be prescribed by the judge of the circuit court, or the chief judge thereof if there is more than one
judge of the circuit court, to promote and secure the convenient
and expeditious transaction of the business of the court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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