West Virginia debt collection rules: lawsuit deadlines, garnishment limits and judgments
In West Virginia, an action to recover money on a contract in writing signed by the party to be charged, but not under seal, must be brought within 10 years. An action on any other contract, express or implied, must be brought within 5 years. On $800.00 of weekly take-home pay, a creditor with a judgment for an ordinary consumer debt can garnish at most $160.00 a week in West Virginia — 20% of pay left after all state and federal taxes, and nothing at all while that is $362.50 a week or less.
The rules at a glance
| Deadline for a creditor to sue | In West Virginia, an action to recover money on a contract in writing signed by the party to be charged, but not under seal, must be brought within 10 years. An action on any other contract, express or implied, must be brought within 5 years. (W. Va. Code § 55-2-6) |
|---|---|
| Deadline to respond to a lawsuit | In West Virginia, a defendant must serve an answer within 30 days after being served with the summons and complaint. (W. Va. R. Civ. P. 12(a)(1)(A)) |
| Wage garnishment limit | In West Virginia, a suggestee execution against wages from private employment is a lien on 20% of the salary or wages due after the deduction of all state and federal taxes, and no more. It may never reduce the amount paid to the debtor below 50 times the federal minimum hourly wage a week ($362.50 at $7.25), and an execution issues only if weekly pay after those taxes exceeds that figure. (W. Va. Code § 38-5A-3(a)) |
| How long a judgment lasts | In West Virginia, execution may be issued on a judgment within 10 years after its date, and further executions within 10 years from the return day of the last execution issued on it. (W. Va. Code § 38-3-18(a)) |
How much of your pay can be garnished
| 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 |
Frequently asked questions
How long does a creditor have to sue for a debt in West Virginia?
In West Virginia, an action to recover money on a contract in writing signed by the party to be charged, but not under seal, must be brought within 10 years. An action on any other contract, express or implied, must be brought within 5 years.
How much of my paycheck can be garnished in West Virginia?
In West Virginia, a suggestee execution against wages from private employment is a lien on 20% of the salary or wages due after the deduction of all state and federal taxes, and no more. It may never reduce the amount paid to the debtor below 50 times the federal minimum hourly wage a week ($362.50 at $7.25), and an execution issues only if weekly pay after those taxes exceeds that figure.
Questions answered for West Virginia
- How long does a debt judgment last in West Virginia?
- What is the statute of limitations on credit card debt in West Virginia?
- How much of my paycheck can be garnished in West Virginia?
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