West Virginia Code § 50-4-1

Commencement of civil actions
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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 limeited 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 prayments 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. Tthe 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 servicge. 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 oef the circuit court, to promote and secure the convenient and
expeditious transaction of the business of the court.

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