How to Document Evidence for West Virginia Evictions

Going to court for an eviction in West Virginia can feel stressful, but preparing your evidence can make a real difference. Understanding the right way to document issues like rent payments, maintenance problems, or communication with your landlord helps ensure your side of the story is clear. This guide explains how West Virginia renters can organize and present reliable evidence for eviction court cases.

Why Documenting Evidence Matters in Eviction Cases

In eviction proceedings, a judge usually makes decisions based on written records, photos, and credible evidence. Whether you're responding to a nonpayment notice or arguing that you haven't violated your rental agreement, strong documentation can help you make your case effectively.

Types of Evidence Renters Should Collect

The following types of evidence can support your case in West Virginia eviction court:

• Leases and Written Agreements: Your current lease, any written addendums, and correspondence related to your tenancy.
• Payment Records: Receipts, bank statements, or confirmation emails proving you paid rent or utilities on time.
• Repair Requests and Maintenance Issues: Dated letters, texts, or email screenshots you sent to your landlord about repairs or safety concerns.
• Photos and Videos: Time-stamped images showing property damage, hazards, or repairs needed; be sure to document the date and location.
• Notices Received or Sent: Official notices like eviction warnings ("Notices to Quit"), rent increase letters, or non-renewal notices.
• Witness Statements: Written statements from neighbors or others who witnessed issues relevant to your case.

Official Forms and How to Use Them

Specific forms are often used during the eviction process in West Virginia. These help organize the court process and your defense:

1. Answer to Complaint for Wrongful Occupation (Form SCA-C 328)

• When to Use: If you've received a summons for eviction and want to respond formally, use this form to share your side and include supporting evidence.
• How to Use: Attach copies of payment proofs, photos, or written communication to support your defense. Submit the completed form to the Magistrate Court listed on your summons.
• Download from the West Virginia Judiciary – Magistrate Court Forms

2. Motion to Continue (Form SCA-M 401)

• When to Use: If you need more time to gather evidence or prepare your defense before your hearing.
• How to Use: Complete and deliver this motion to the court before your scheduled hearing date. Clearly state why you need a delay, such as waiting on important documents.
• Access the official Motion to Continue form

The Tribunal Handling Evictions in West Virginia

Eviction cases in West Virginia are heard at the Magistrate Court in the county where the rental property is located.

Relevant Tenancy Legislation

West Virginia rental laws—including eviction rules—are found in the West Virginia Code Chapter 37 – Real Property and Chapter 55, Article 3A – Wrongful Occupation of Residential Property.¹

Tips for Presenting Evidence in Court

Presenting your evidence confidently helps the judge understand your side:

• Bring two sets of printed copies of all documents—one for you, one for the judge (and another for the landlord if needed).
• Label each document clearly with dates and short descriptions.
• Organize documents in the order the events occurred for a clear timeline.
• If submitting photos or emails, note the date, who’s involved, and what each piece shows.
• Be honest and respectful when answering questions. Keep explanations brief and factual.

If you have not yet filed your answer or defense, the steps below explain what to do.

What Happens After You Submit Evidence?

Once the Magistrate Court receives your answer and supporting evidence, the judge will consider both your documentation and the landlord’s. The judge may ask questions or give each side a chance to explain. The result could be a dismissal of the eviction, more time for you to move, or, if the evidence favors the landlord, an order for you to leave the property. You have the right to appeal if you disagree with the decision.

1. How should I organize my evidence before my hearing?
   Make a numbered list and label each document with the date and what it proves (e.g., "Rent Receipt – June 2024"). Bring copies for yourself, the judge, and the landlord.
2. Can texts or emails count as evidence in West Virginia?
   Yes. Print out any relevant messages or emails and highlight key information such as dates or promises. Screenshot images should be clear and readable.
3. What official form should I use to respond to an eviction complaint?
   Fill out the "Answer to Complaint for Wrongful Occupation" (Form SCA-C 328) and file it in the appropriate Magistrate Court with your evidence.
4. What if I need more time to gather evidence?
   Submit a "Motion to Continue" (Form SCA-M 401) to the Magistrate Court as soon as possible, explaining your reason for the delay.
5. Where can I find West Virginia’s laws on eviction?
   They are available in West Virginia Code Chapter 37 and Chapter 55, Article 3A.

Need Help? Resources for Renters

• West Virginia Magistrate Courts Directory – find your local court’s contact info to submit forms or ask about your hearing.
• Official West Virginia Magistrate Court Forms – access, download, and print court-required forms.
• Legal Aid of West Virginia – free support for low-income renters facing eviction or other housing disputes.
• West Virginia Code – Wrongful Occupation of Residential Property – read the exact legal statutes that guide eviction cases.

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1. See West Virginia Code Chapter 55, Article 3A; West Virginia Code Chapter 37.

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