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Legistlative Rundown with Michael Taylor: HB 4242

Posted by Charles R. Bailey | Aug 21, 2018 | 0 Comments

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.

About the Author

Charles R. Bailey

Managing Member 304-345-4222 [email protected] Download Vcard About Charles R. “Chuck” Bailey is the Managing Member of the Charleston office of Bailey & Wyant, PLLC. He currently serves as general counsel for the Central West Virginia Regional Airport Authority, which operates Yeager ...

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