Magistrate Court
Please use the information below for communication and correspondence with the Lincoln County Magistrate Court’s office.
Magistrate Court
Lincoln County Courthouse
PO Box 573
Hamlin, WV 25523
Phone: (304) 824-7990 Ext. 235 – Magistrate Clerk
Phone: (304) 824-7990 Ext. 236 – Magistrate Clayton
Phone: (304) 824-7990 Ext. 237 – Magistrate Tully
Fax: (304) 824-5280
The Lincoln County Magistrate Court is part of the West Virginia Court System. For a summary description of all of our State’s courts, see the online article The West Virginia Judicial System, published by the West Virginia State Supreme Court of Appeals.
For information all all of West Virginia’s Magistrates, listed by County, see County Magistrate Information on the Supreme Court website.
The Lincoln County Magistrates adjudicate small claims of individuals and businesses as provided by the West Virginia Code, Chapter 50, Article 2.
Sophia Tully
Magistrate
Kim Clayton
Magistrate
Kay Adkins
Magistrate Clerk
Lori Whitten
Magistrate Assistant
Heather Lucas
Magistrate Assistant
Civil Jurisdiction
§50-2-1. Civil jurisdiction.
Except as limited herein and in addition to jurisdiction granted elsewhere to magistrate courts, such courts shall have jurisdiction of all civil actions wherein the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than five thousand dollars. Magistrate courts shall have jurisdiction of all matters involving unlawful entry or detainer of real property or involving wrongful occupation of residential rental property, so long as the title to such property is not in dispute. Except as the same may be in conflict with the provisions of this chapter, the provisions of article three, chapter fifty-five of this code, regarding unlawful entry and detainer, shall apply to such actions in magistrate court. Magistrate courts shall have jurisdiction of actions on bonds given pursuant to the provisions of this chapter. Magistrate courts shall have continuing jurisdiction to entertain motions in regard to post-judgment process issued from magistrate court and decisions thereon may be appealed in the same manner as judgments.
Magistrate courts shall not have jurisdiction of actions in equity, of matters in eminent domain, of matters in which the title to real estate is in issue, of proceedings seeking satisfaction of liens through the sale of real estate, of actions for false imprisonment, of actions for malicious prosecution or of actions for slander or libel or of any of the extraordinary remedies set forth in chapter fifty-three of this code.
Magistrates, magistrate court clerks, magistrate court deputy clerks, and magistrate assistants shall have the authority to administer any oath or affirmation, to take any affidavit or deposition, unless otherwise expressly provided by law, and to take, under such regulations as are prescribed by law, the acknowledgment of deeds and other writings.
§50-3-1. Costs in civil actions.
The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance:
(a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
Where the action is for five hundred dollars or less – $25.00. Where the action is for more than five hundred dollars but not more than one thousand dollars – $30.00. Where the action is for more than one thousand dollars but not more than two thousand dollars – $35.00. Where the action is for more than two thousand dollars – $45.00. Where the action seeks relief other than money damages – $25.00.
On and after the first day of July, one thousand nine hundred ninety-six, five dollars from each of the filing fees listed above will be deposited in the court security fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
(b) For each service regarding enforcement of a judgment including execution, suggestion, garnishment and suggestee execution – $ 5.00.
(c) For each bond filed in a case – $1.00.
(d) For taking deposition of witness for each hour or portion thereof – $1.00
(e) For taking and certifying acknowledgment of a deed or other writing or taking oath upon an affidavit – $0.50.
(f) For mailing any matter required or provided by law to be mailed by certified or registered mail with return receipt – $1.00.
Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be applicable to all costs in civil actions.
§50-3-1a. Costs assessed against losing party.
Except as otherwise provided by law, costs shall be assessed against the losing party or parties.
Phone : (304) 824-7990
Address : Lincoln County Courthouse