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West Virginia Debt Collection Laws

How long a creditor can sue you in West Virginia, how much of your paycheck is protected, and where to get help.

Last updated September 24, 2026 · Every rule linked to the West Virginia or federal law it comes from
What's new: First published: statute limits, wage garnishment rules and collector protections, each checked against the linked law.

West Virginia debt rules at a glance

The key numbers. Details and the exact law are below.

Signed written contracts
10 years
Other contracts, express or implied
5 years
Wage garnishment
20% max
Up to 20% of after-tax pay, only if weekly after-tax pay is more than 50x the federal minimum wage, and payments can't take you below that amount. W. Va. Code § 38-5A-3
Reviewer credit coming soon. This page was researched and checked against the linked primary sources by the Financialist editorial team.

How long can a creditor sue you in West Virginia?

10 years for signed written contracts, 5 for others

West Virginia gives ten years on a written contract signed by the person being sued, and five years on any other contract, express or implied.

W. Va. Code § 55-2-6 · read the law

How much of your paycheck can be garnished?

20% cap with a 50x minimum-wage floor

A wage execution can only issue if your weekly pay after taxes is more than 50 times the federal minimum hourly wage. It can take up to 20%, but payments cannot reduce your weekly pay below 50 times the federal minimum wage.

W. Va. Code § 38-5A-3 · read the law

What debt collectors can't do in West Virginia

Federal debt collection rules

Debt collectors everywhere must follow the federal Fair Debt Collection Practices Act and the CFPB's Regulation F. A collector may not sue or threaten to sue you on a debt that is past the time limit.

12 CFR § 1006.26 · read the rule

Collectors can't sue on expired debt

Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.

12 CFR § 1006.26(b) · read the rule

When a debt collector contacts you

A practical order of operations.

Don't pay or promise anything on the first call

Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.

Ask for validation in writing

Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.

Check the date of your last payment

Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.

Never ignore a lawsuit

If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.

Report abuse

Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).

Free help in West Virginia

Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.

West Virginia Attorney General - Consumer Protection Division

File a complaint: ago.wv.gov

CFPB complaint

File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint

Nonprofit credit counseling

Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.

Links checked September 24, 2026.

Sources

Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.

Debt collection laws in other states →

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