Debt relief in West Virginia: collection rules, time limits and your options
Updated November 9, 2026
West Virginia at a glance (checked November 2026)
| West Virginia | |
|---|---|
| Time limit to sue on credit cards | Usually 5 years; 10 years on a signed written contract |
| Wage garnishment for consumer debt | Up to 20% of take-home pay; nothing if you take home $362.50 a week or less |
| State debt collection law | West Virginia Consumer Credit and Protection Act, which covers original creditors too |
| Who licenses debt collectors | State Tax Department |
| Where to complain | West Virginia Attorney General's Consumer Protection Division, and the CFPB |
Debt collection rules in West Virginia
The West Virginia Consumer Credit and Protection Act applies to creditors collecting their own debts as well as to collection agencies. It counts calling you more than 30 times a week, or talking with you more than 10 times a week, as harassment (W. Va. Code § 46A-2-125). If a creditor or collector breaks the act, you can sue for damages.
Collection agencies need a license from the State Tax Department and must post a $5,000 bond (W. Va. Code chapter 47, article 16). The federal Fair Debt Collection Practices Act applies to third-party collectors too: they can't call before 8 a.m. or after 9 p.m., must send you a validation notice, and have to stop collecting if you dispute the debt in writing within 30 days, until they verify it.
How long creditors have to sue
- 10 years for a written contract you signed (W. Va. Code § 55-2-6).
- 5 years for other contracts, including most open accounts (§ 55-2-6).
Credit cards are often treated as 5-year debts, since you usually don't sign the card agreement. The clock usually starts when you default. A payment or a written promise to pay can sometimes restart it, so get advice before paying anything on a very old debt.
What can be garnished in West Virginia
A creditor with a judgment can take the lesser of 20% of your take-home pay or the amount you earn above $362.50 a week, which is 50 times the federal minimum wage (W. Va. Code § 38-5A-3). That's a lower cap than the federal 25%.
Child support and taxes follow separate rules. Social Security and other federal benefits stay protected from ordinary creditors, even after they're deposited in your bank account.
Ways out of debt in West Virginia
- Nonprofit credit counseling can combine your card payments into one debt management plan with lower rates. Look for an agency accredited by the NFCC or FCAA.
- Paying only the minimums? Our minimum payment calculator shows how long that would take and how much interest you'd pay.
- Debt settlement companies can't charge you a fee until they've actually settled a debt, under federal rules. Forgiven amounts can count as taxable income.
- Bankruptcy: Since 2021, West Virginia lets you choose between its own exemption list and the federal one. A bankruptcy attorney can tell you which keeps more of what you own.
Where to get help or complain
- West Virginia Attorney General, Consumer Protection Division takes complaints online, or call 1-800-368-8808.
- Legal Aid of West Virginia explains your rights with creditors and debt collectors and gives free legal help; call 866-255-4370.
- Consumer Financial Protection Bureau takes complaints about collectors and lenders nationwide.
General information about West Virginia law, not legal advice. Checked November 2026.