Clarifying Magistrate Court Jurisdiction

House Bill 4242, “Clarifying the jurisdictional amount for removal of a civil action from magistrate court to circuit court” seeks to amend West Virginia Code§ 50-4-8. Currently, a matter may be removed to circuit court from magistrate court if the amount in controversy is more than $ 2,500. HB4242 seeks to increase the amount to $5,000 to remove to circuit court from magistrate court. If the amount is under $5,000, if the parties agree, it may be removed to circuit court. Finally, the bill seeks to clarify that, in landlord – tenant disputes, if the amount in controversy is more than $2,500, it may be removed to circuit court by either party. The lead sponser on the bill is Delegate John Shott (R – Mercer, 27).

The bill has passed both Houses and is awaiting the Governor's signature. To read the bill, follow this link: http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4242&year=2018&sessiontype=RS&btype=bill.