What Creditors Can't Take in West Virginia
Money, home and vehicle exemptions that protect your property from creditors in West Virginia.
Short answer: 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)
| 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) |
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
- How to Respond to a Debt Collection Lawsuit in West Virginia
- All West Virginia debt & collections rules
FAQ
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).
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.
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.