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How much of my paycheck can be garnished in West Virginia?

By Debt Savvy Editorial Team · Updated 2026-10-03 · Facts checked against the law on 2026-09-30

In West Virginia, a suggestee execution against private wages is limited to 20% of your pay after all state and federal taxes, and it can never reduce your weekly pay below $362.50. If your after-tax weekly pay is $362.50 or less, no execution can issue.

Key facts

West Virginia caps a suggestee execution at 20% of after-tax wages.
No execution issues if weekly after-tax pay is $362.50 or less.
Federal law caps ordinary debt garnishment at the lesser of 25% of weekly disposable earnings or the amount above $217.50.
The federal cap does not apply to child or spousal support, Chapter 13 bankruptcy orders, or state or federal tax debts.
In West Virginia, you must serve an answer within 30 days after being served with the summons and complaint.

What the West Virginia rule means in practice

West Virginia uses a suggestee execution to garnish wages from private employment. It is a lien on 20% of the salary or wages due after the deduction of all state and federal taxes, and no more. That is the hard ceiling for an ordinary consumer debt.

There is also a floor that protects you. The execution may never reduce the amount you are paid below 50 times the federal minimum hourly wage a week — that is $362.50 at $7.25. And an execution only issues if your weekly pay after those taxes exceeds that figure. So if your after-tax weekly pay is $362.50 or less, no execution can issue at all.

For example, on $600.00 of weekly disposable pay, the most a creditor can garnish under West Virginia law is $120.00 a week. On $800.00, it is $160.00 a week. Those figures are 20% of pay left after all state and federal taxes.

Garnishment examples

Most a creditor can garnish from one week of disposable earnings — pay left after the amounts the law requires to be withheld — for an ordinary consumer debt such as a credit card judgment (15 U.S.C. § 1672(a)-(b)). Support orders, taxes and defaulted federal student loans follow different rules (15 U.S.C. § 1673(b)(1), 20 U.S.C. § 1095a(a)(1)).
Where you live	$600.00 a week	$800.00 a week	Law
West Virginia	$120.00	$160.00	W. Va. Code § 38-5A-3(a) 20% of pay left after all state and federal taxes, and nothing at all while that is $362.50 a week or less

How federal law interacts with West Virginia’s cap

Federal law also caps wage garnishment for ordinary debts. It limits garnishment to the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage — that is $217.50 a week.

On $600.00 of weekly disposable pay, the federal cap would allow up to $150.00 a week. On $800.00, it would allow up to $200.00 a week. West Virginia law separately caps a suggestee execution at 20% of after-tax wages, and it can never reduce your pay below $362.50 a week.

The federal cap does not apply to court orders for child or spousal support, Chapter 13 bankruptcy orders, or debts for state or federal taxes. If your situation involves one of those, different rules may apply.

Money already coming out of your pay? Whether an exemption applies to you turns on your own paperwork. You can put that question to a lawyer online.

Ask a lawyer about your garnishment

What to do this week if you receive court papers

If you have been served with a summons and complaint, the clock is running. In West Virginia, a defendant must serve an answer within 30 days after being served with the summons and complaint. Do not ignore the papers.

Here are practical steps:

Read the papers carefully. Note the date you were served and the deadline to respond.
Mark your calendar. The answer is due within 30 days after being served.
Respond on time. Serve your answer within 30 days after being served.
Gather your pay stubs. You will need to know your after-tax weekly pay to see how the garnishment limits apply.
Consider talking to a lawyer or legal aid. They can explain your options and help you respond.

You do not have to figure this out alone. Free or low-cost help may be available.

Common mistakes that hurt your position

One of the biggest mistakes is ignoring the court papers. In West Virginia, a defendant must serve an answer within 30 days after being served with the summons and complaint.

Another mistake is assuming the federal 25% cap always applies. In West Virginia, the suggestee execution is capped at 20% of after-tax wages, and it can never reduce your pay below $362.50 a week. The federal cap is the lesser of 25% of weekly disposable earnings or the amount by which those earnings exceed $217.50 a week.

Some people also forget that the federal cap does not apply to child or spousal support, Chapter 13 bankruptcy orders, or state or federal tax debts. If your debt falls into one of those categories, the analysis changes.

What changes the answer: the paperwork, the court, and the type of debt

The type of debt matters. For ordinary consumer debts, West Virginia’s 20% cap and the $362.50 floor apply. But the federal cap does not apply to child or spousal support, Chapter 13 bankruptcy orders, or state or federal tax debts. Those may be garnished under different rules.

The paperwork also matters. A suggestee execution is a specific court process. If you have received a summons and complaint, you must serve an answer within 30 days after being served.

Finally, the court and the judge’s orders control what actually happens. If you are unsure how the limits apply to your paycheck, a lawyer or legal aid can review your papers and your pay stubs.

When to get help

Consider getting help if you have received court papers, if you are unsure how much of your paycheck can be taken, or if your debt involves child or spousal support, Chapter 13 bankruptcy, or state or federal taxes. Those situations may fall outside the ordinary rules.

A lawyer or legal aid can explain the 20% cap, the $362.50 floor, and the federal lesser of 25% of weekly disposable earnings or the amount by which those earnings exceed $217.50 rule. They can also help you serve an answer within 30 days after being served.

You do not need to have everything figured out before you ask for help. The important thing is to act promptly and keep your court dates straight.

Frequently asked questions

Does the 20% cap apply to all debts in West Virginia?

No. The 20% cap applies to a suggestee execution against wages from private employment for ordinary debts. The federal cap does not apply to child or spousal support, Chapter 13 bankruptcy orders, or state or federal tax debts, so different rules may apply.

What if my weekly after-tax pay is $362.50 or less?

In West Virginia, no suggestee execution can issue if your weekly pay after all state and federal taxes is $362.50 or less. The execution may never reduce your pay below that amount.

How long do I have to respond to a wage garnishment lawsuit in West Virginia?

In West Virginia, a defendant must serve an answer within 30 days after being served with the summons and complaint. The verified facts state that deadline, so it is important to act promptly.

Can a creditor take more than 25% of my paycheck under federal law?

For ordinary debts, federal law caps garnishment at the lesser of 25% of weekly disposable earnings or the amount by which those earnings exceed $217.50 a week. West Virginia law separately caps a suggestee execution at 20% of after-tax wages.