Morgantown, WV Civil Litigation Lawyers

By J. Brandon Shumaker  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated October 27, 2026

Quick Answer: Slavey & Shumaker PLLC represents individuals and businesses in civil disputes throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. We handle contract disputes, business disputes and property and real estate disputes, and we defend people and businesses who have been sued. In West Virginia, a claim on a signed written contract generally must be filed within ten years, and most other contract claims within five years (W. Va. Code § 55-2-6). If you have been served with a lawsuit in circuit court, your answer is generally due within 30 days (W. Va. R. Civ. P. 12(a)(1)). Consultations are free. Call (304) 212-5791.

Table of Contents

  1. Contract Disputes
  2. Business Disputes
  3. Property and Real Estate Disputes
  4. If You Have Been Sued
  5. Which Court Will Hear Your Case
  6. Filing Deadlines
  7. How a Civil Case Moves Forward
  8. Frequently Asked Questions

Civil disputes can threaten your business, your property and your finances. Whether someone has failed to pay what they owe, a business relationship has broken down, a property line or lease is in dispute, or you have just been served with a lawsuit, the decisions you make early can shape the outcome.

At Slavey & Shumaker PLLC, our civil litigation lawyers represent individuals, families and businesses throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in downtown Morgantown, steps from the Monongalia County Courthouse. We work to resolve disputes efficiently through negotiation when that serves your goals, and we are prepared to litigate when it does not.

1. Contract Disputes

We represent clients on both sides of contract disputes, including:

  • Breach of contract and failure to perform
  • Unpaid invoices, loans and accounts
  • Construction and home improvement contract disputes
  • Service, supply and vendor agreements
  • Disputes over the meaning of contract terms
Do all contracts have to be in writing? No, but some do. West Virginia law requires a signed writing to bring an action on certain agreements, including a promise to answer for the debt of another, an agreement that is not to be performed within a year, and certain commercial loan commitments by banks, savings and loan associations and credit unions over $50,000 (W. Va. Code § 55-1-1). Whether your agreement is enforceable depends on its terms and the evidence available.

2. Business Disputes

Disputes inside or between businesses can disrupt operations and put years of work at risk. We handle:

  • Disputes between business partners and among LLC members or shareholders
  • Claims involving partnership accounts and the winding up of a business
  • Disputes with customers, suppliers and contractors
  • Business tort claims, such as fraud and interference with business relationships
  • Collection of business debts

Where possible, we look for resolutions that protect ongoing business relationships. When a negotiated resolution is not possible, we are prepared to take the dispute to court.

Facing a Contract, Business or Property Dispute?

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3. Property and Real Estate Disputes

Property disputes often involve neighbors, family members or long-standing relationships, and they can be especially stressful. We handle:

  • Boundary line and easement disputes
  • Claims to recover possession of land
  • Disputes arising from real estate purchases and sales
  • Landlord and tenant disputes
  • Damage to real or personal property
Residential rental disputes move quickly. When an owner files a petition to remove a tenant from residential rental property, the court schedules a hearing between five and 10 judicial days after the petition is filed, and the tenant may file a written defense within five days of receiving notice of the hearing (W. Va. Code § 55-3A-1(b)-(c)).

4. If You Have Been Sued

Being served with a lawsuit is unsettling, but you have rights and options. We defend individuals and businesses in contract, business, property and other civil cases.

Do not ignore the papers. In a West Virginia circuit court case, a defendant generally must serve an answer within 30 days after being served with the summons and complaint (W. Va. R. Civ. P. 12(a)(1)). Magistrate court cases have their own rules and deadlines. Missing a deadline can lead to a default judgment against you.
  1. Note the date you were served and keep every page you received.
  2. Gather your documents: contracts, invoices, emails, texts, photos and anything else related to the dispute.
  3. Do not contact the other side about the lawsuit before getting legal advice.
  4. Talk to a lawyer promptly so there is time to evaluate defenses, any counterclaims and options for resolving the case.

5. Which Court Will Hear Your Case

Most civil cases in West Virginia are heard in magistrate court or circuit court, depending largely on the amount and type of claim:

Court Types of Civil Cases
Magistrate court Civil actions where the amount in controversy is not more than $20,000, not counting interest and costs, and unlawful entry or detainer cases and wrongful occupation of residential rental property when title is not in dispute W. Va. Code § 50-2-1
Circuit court Larger claims, plus matters magistrate courts cannot hear, including actions in equity, disputes over title to real estate, actions for slander or libel, and eminent domain § 50-2-1

6. Filing Deadlines in West Virginia

West Virginia sets time limits for filing civil claims. Common deadlines include:

Type of Claim General Deadline
Contract in writing, signed by the party to be charged Ten years W. Va. Code § 55-2-6
Other contracts, express or implied (including oral agreements) Five years § 55-2-6
Settlement of partnership accounts between partners Five years from when the partners’ dealings together end § 55-2-6
Damage to property Two years § 55-2-12(a)
Action to recover land Ten years after the right to bring the action first accrues § 55-2-1

When a deadline begins to run, and whether any exception applies, depends on the facts. Talk to a lawyer before assuming you have time.

7. How a Civil Case Moves Forward

  1. Free case evaluation. We review your documents and the facts, explain your options and discuss your goals and budget.
  2. Demand and negotiation. Many disputes resolve through a demand letter and negotiation before a lawsuit is filed.
  3. Pleadings. If a lawsuit is necessary, the case begins with a complaint, followed by an answer and any counterclaims.
  4. Discovery. Each side exchanges documents and information and may take depositions.
  5. Mediation and settlement. Many civil cases are resolved through mediation or settlement discussions.
  6. Trial and judgment. If the case does not resolve, it is decided by a judge or jury, and we can help you enforce or respond to the judgment.

Serving Individuals and Businesses Throughout West Virginia

We represent clients in civil disputes throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. That includes Morgantown, Westover, Star City, Granville, Cheat Lake and Sabraton; Kingwood, Reedsville and Bruceton Mills; Fairmont and Mannington; and Clarksburg and Bridgeport.

8. Frequently Asked Questions About Civil Litigation in West Virginia

How long do I have to sue for breach of contract in West Virginia?
Under W. Va. Code § 55-2-6, an action on a contract in writing signed by the party to be charged generally must be brought within ten years, and an action on any other contract, express or implied, within five years. When the period begins to run depends on the facts.
I was just served with a lawsuit. What should I do?
Do not ignore it. In a circuit court case, a defendant generally must serve an answer within 30 days after being served with the summons and complaint under W. Va. R. Civ. P. 12(a)(1), and magistrate court cases have their own deadlines. Note the date you were served, gather your documents and talk to a lawyer promptly.
Can my case be filed in magistrate court?
Magistrate courts hear civil actions where the amount in controversy is not more than $20,000, not counting interest and costs, under W. Va. Code § 50-2-1. They cannot hear certain matters, including actions in equity and disputes over title to real estate, which go to circuit court.
Is a verbal agreement enforceable in West Virginia?
Often, yes, but some agreements must be in writing and signed to be enforced, including a promise to answer for someone else’s debt and an agreement that is not to be performed within a year (W. Va. Code § 55-1-1). Proving the terms of a verbal agreement can also be difficult, so documents, messages and witnesses matter.
Who decides a dispute over who owns land?
Magistrate courts do not have jurisdiction over matters in which title to real estate is in issue (W. Va. Code § 50-2-1), so those disputes are heard in circuit court. An action to recover land generally must be brought within ten years after the right to bring it first accrues (§ 55-2-1).
Will my case go to trial?
Many civil cases resolve through negotiation, mediation or settlement before trial. We prepare each case so that you are in a strong position either way, and the decision whether to settle is always yours.
Is the consultation free?
Yes. Your initial consultation with Slavey & Shumaker PLLC about a civil dispute is free. Call (304) 212-5791 or use the form on our contact page.
Our Attorneys
J. Brandon Shumaker
Managing Attorney
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J. Tyler Slavey
Managing Attorney
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Scott B. Harris
Associate Attorney
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Kasey Libby
Associate Attorney
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Speak With a Morgantown Civil Litigation Lawyer

Free consultation. Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout West Virginia, including Monongalia, Preston, Marion and Harrison Counties.

Call (304) 212-5791

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.