Sat 19 Nov 2005
West Virginia Small Claims Court
Posted by Mark LyonCourt Name: Magistrate's Court
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or where injury occurred. Contracts Where breach occurred. Property insurance claims where property is. Nonresident defendants where plaintiff resides or where defendant has property or debts due. Corporation resides where it has principal office or where chief officer resides. Nonresident U.S. corporate defendants where it does business or where plaintiff resides.
Service: Sheriff; if that fails any credible disinterested adult or attorney in case.
Hearing Date: Defendant has 20 days to appear (5 days in entry and detainer cases). Trial date set after defendant notifies court of intention to defend against claim.
Attorneys: Allowed; required for collection agents.
Transfer: Claims less than $300: if both sides consent, case tried in Circuit Court. Claims more than $300: if either side requests, case tried in Circuit Court. Also allowed at magistrate's discretion if defendant requests transfer in answer or within a reasonable time.
Appeals: By either side for new trial; to Circuit Court within 20 days.
Special Provisions: No equitable relief. Jury trial available on claim of $20. Defendant must answer within 20 days or lose by default. No libel or slander, real estate, false imprisonment or eminent domain cases.
Entity to Sue: Sony BMG is a Delaware-based General Partnership with its principal place of business in New York. It, however, does business in all fifty states. The Court should serve a copy of the complaint on:
- SONY BMG Music Entertainment
- c/o Corporation Service Company, Registered Agent
- 2711 Centerville Road, Suite 400
- Wilmington, DE 19808
- (302) 636-5401
Court rules may change at any time. Contact the Clerk of your local Court to verify the accuracy of this information and to get copies of any necessary forms.