West Virginia Debt Collection Laws: Time Limits, Garnishment and Your Rights
West Virginia debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.
Quick answers for West Virginia
- Time limit to sue on a written contract
- 10 years for an action on a contract in writing signed by the person being sued (or their agent), or under seal. W. Va. Code 55-2-6
- Wage garnishment limit
- A suggestee execution (wage garnishment) may take no more than 20% of weekly wages after taxes, and may not reduce the debtor's weekly pay below 50 times the federal minimum hourly wage. W. Va. Code 38-5A-3(a)
- Money protected in a bank account
- Up to $1,100 of funds on deposit in a federally insured financial institution, within an overall $15,000 cap on the vehicle, household goods, tools and bank exemptions. W. Va. Code 38-8-1(a)(4), (b)
- Answering a debt lawsuit
- In magistrate court, answer within 20 days after service (30 days if served on an agent or attorney-in-fact). If no timely answer is filed, the plaintiff may get a default judgment. W. Va. R. Civ. P. Magis. Ct. 4(b), 10
Last verified: 2026-10-26
Time limits
| Time limit to sue on a written contract | 10 years for an action on a contract in writing signed by the person being sued (or their agent), or under seal. Source: W. Va. Code 55-2-6 |
|---|---|
| Time limit for credit cards and open accounts | 5 years for any other contract, express or implied (including oral agreements and accounts not founded on a signed writing). Source: W. Va. Code 55-2-6 |
| Can a payment restart the clock? | A promise to pay in a writing signed by the debtor (or agent), or a written acknowledgment from which a promise to pay can be implied, starts a new limitations period measured from the promise. An oral promise does not. The effect of a payment alone was not addressed in the section read. Source: W. Va. Code 55-2-8 |
| How long a judgment lasts | Execution may be issued on a judgment within 10 years after its date. If an execution is issued in time, further executions may be issued within 10 years from the return day of the last execution that was returned unsatisfied (or not returned), which can keep a judgment enforceable longer. Source: W. Va. Code 38-3-18(a), (c) |
If you are sued
| Answering a debt lawsuit | In magistrate court, answer within 20 days after service (30 days if served on an agent or attorney-in-fact). If no timely answer is filed, the plaintiff may get a default judgment. |
|---|
Garnishment and what creditors can't take
| Wage garnishment limit | A suggestee execution (wage garnishment) may take no more than 20% of weekly wages after taxes, and may not reduce the debtor's weekly pay below 50 times the federal minimum hourly wage. This is more protective than the federal 25% limit. Source: W. Va. Code 38-5A-3(a) |
|---|---|
| Money protected in a bank account | Up to $1,100 of funds on deposit in a federally insured financial institution, within an overall $15,000 cap on the vehicle, household goods, tools and bank exemptions. Source: W. Va. Code 38-8-1(a)(4), (b) |
| Homestead exemption | Outside bankruptcy, a head of household who owns a homestead has a $5,000 homestead exemption. In bankruptcy, a debtor may exempt up to $35,000 in a residence. Bankruptcy amount: https://code.wvlegislature.gov/38-10-4/ Source: W. Va. Code 38-9-1; 38-10-4(a) |
| Vehicle exemption | One motor vehicle up to $5,000 in value from execution (up to $7,500 in a bankruptcy case). Bankruptcy amount: https://code.wvlegislature.gov/38-10-4/ |
| Bankruptcy exemptions | West Virginia has its own bankruptcy exemption list, and the statute also allows a West Virginia debtor to choose the federal exemptions under 11 U.S.C. 522(d) to the extent federal law allows. Section amended 2023 (HB 2221) for bankruptcies filed after its effective date. Source: W. Va. Code 38-10-4(k) |
Debt collectors and interest
| State debt collection law | Yes. The debt collection article of the West Virginia Consumer Credit and Protection Act applies to any 'debt collector,' defined as any person engaging directly or indirectly in debt collection, which includes creditors collecting their own consumer debts (attorneys handling collections in their own name are excluded). Section amended 2025 (HB 3162). Source: W. Va. Code 46A-2-122(d) |
|---|---|
| Debt collector licensing | Yes. A collection agency (including a creditor collecting under a fictitious name) must obtain a business franchise registration certificate, which serves as its license, keep an office in West Virginia, and file a $5,000 surety bond with the Tax Commissioner for each office. |
| Interest rate limits | Post-judgment interest is simple interest at 2 percentage points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not more than 9% or less than 4%. The Supreme Court's administrative office announces the rate each year. Source: W. Va. Code 56-6-31(a), (c) |
Where to get help in West Virginia
Debt & Collections FAQ
What is the statute of limitations on debt in West Virginia?
10 years for an action on a contract in writing signed by the person being sued (or their agent), or under seal.
How long can a creditor sue on a credit card debt in West Virginia?
5 years for any other contract, express or implied (including oral agreements and accounts not founded on a signed writing).
Does making a payment restart the statute of limitations in West Virginia?
A promise to pay in a writing signed by the debtor (or agent), or a written acknowledgment from which a promise to pay can be implied, starts a new limitations period measured from the promise. An oral promise does not.
How long does a court judgment last in West Virginia?
Execution may be issued on a judgment within 10 years after its date. If an execution is issued in time, further executions may be issued within 10 years from the return day of the last execution that was returned unsatisfied (or not returned), which can keep a judgment enforceable longer.
How much of my wages can be garnished in West Virginia?
A suggestee execution (wage garnishment) may take no more than 20% of weekly wages after taxes, and may not reduce the debtor's weekly pay below 50 times the federal minimum hourly wage. This is more protective than the federal 25% limit.
How much money in a bank account is protected from creditors in West Virginia?
Up to $1,100 of funds on deposit in a federally insured financial institution, within an overall $15,000 cap on the vehicle, household goods, tools and bank exemptions.
What is the homestead exemption in West Virginia?
Outside bankruptcy, a head of household who owns a homestead has a $5,000 homestead exemption. In bankruptcy, a debtor may exempt up to $35,000 in a residence.
Can a creditor take my car in West Virginia?
One motor vehicle up to $5,000 in value from execution (up to $7,500 in a bankruptcy case).
What debt collection practices are illegal in West Virginia?
Yes. The debt collection article of the West Virginia Consumer Credit and Protection Act applies to any 'debt collector,' defined as any person engaging directly or indirectly in debt collection, which includes creditors collecting their own consumer debts (attorneys handling collections in their own name are excluded).
Do debt collectors need a license in West Virginia?
Yes. A collection agency (including a creditor collecting under a fictitious name) must obtain a business franchise registration certificate, which serves as its license, keep an office in West Virginia, and file a $5,000 surety bond with the Tax Commissioner for each office.
What is the maximum legal interest rate in West Virginia?
Post-judgment interest is simple interest at 2 percentage points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not more than 9% or less than 4%. The Supreme Court's administrative office announces the rate each year.
How do I respond to a debt collection lawsuit in West Virginia?
In magistrate court, answer within 20 days after service (30 days if served on an agent or attorney-in-fact). If no timely answer is filed, the plaintiff may get a default judgment.
Which bankruptcy exemptions can I use in West Virginia?
West Virginia has its own bankruptcy exemption list, and the statute also allows a West Virginia debtor to choose the federal exemptions under 11 U.S.C. 522(d) to the extent federal law allows.
Debt & Collections in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.