Statute of Limitations on Debt in West Virginia
How long a creditor or collector has to sue you over a debt in West Virginia, and whether a payment restarts the clock.
Short answer: 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
| 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 |
Where to get help in West Virginia
More West Virginia debt & collections
- Wage Garnishment in West Virginia
- How to Respond to a Debt Collection Lawsuit in West Virginia
- What Creditors Can't Take in West Virginia
- All West Virginia debt & collections rules
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.
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.