How to Respond to a Debt Collection Lawsuit in West Virginia
The deadline to answer a debt lawsuit in West Virginia, where to file, and what happens if you don't respond.
Short answer: 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
| 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. |
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| 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 |
| 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) |
Where to get help in West Virginia
More West Virginia debt & collections
- Statute of Limitations on Debt in West Virginia
- Wage Garnishment in West Virginia
- What Creditors Can't Take in West Virginia
- All West Virginia debt & collections rules
FAQ
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.
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 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.
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.