West Virginia Debt Collection Laws

Your federal rights

These federal rules apply in West Virginia and every other state. West Virginia's own law, below, can add more.

Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).

Read how to dispute a debt or stop collector calls.

West Virginia law and extra protections

State law: West Virginia Consumer Credit and Protection Act: debt collection
Law: W. Va. Code §§ 46A-2-122 to 46A-2-129a
Covers original creditors: Yes
Extra protections: A collector cannot call you more than 30 times a week or talk with you more than 10 times a week, or call at unusual or inconvenient times, with intent to annoy or harass. Unless it knows otherwise, it must assume 8 a.m. to 9 p.m. is convenient (W. Va. Code § 46A-2-125(d)).
If a debt is too old to sue on, every letter must say so, using wording set in the law (W. Va. Code § 46A-2-128(f)).
Once you or your lawyer send written notice by certified mail that a lawyer represents you on the debt, the collector must stop contacting you after 3 business days (W. Va. Code § 46A-2-128(e)).
A collector cannot add interest or fees unless both your agreement and a law allow them (W. Va. Code § 46A-2-128(d)).
Can you sue under it?: Yes. You can sue for your actual damages plus a penalty of $1,000 per violation (total penalties capped at the greater of $175,000 or the debt claimed). The court can adjust the penalty for inflation since 2015 (W. Va. Code §§ 46A-5-101(1), 46A-5-106).
Official text: Read the law

Old debts in West Virginia

Written contracts: 10 years
Open accounts and unwritten agreements: 5 years
Does a payment restart the clock?: A new promise to pay restarts the clock only if it is in writing and signed by you, or is a signed written acknowledgment from which a promise can be implied (W. Va. Code § 55-2-8). The statute does not mention payments.
Must collectors say a debt is too old?: Yes. If the debt is past the time limit for a lawsuit, the collector must put a set notice in every letter saying it cannot sue you, and saying whether it can still report the debt to credit bureaus (W. Va. Code § 46A-2-128(f)).
Law: W. Va. Code § 55-2-6 (10 years: signed written contracts; 5 years: other contracts); § 55-2-8
Official text: Read the law

The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.

Is my debt too old? Check West Virginia's time limit

Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.

Wage garnishment and bank accounts in West Virginia

Wage limit: Stricter than federal: no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50).
Bank account: $1,100 in a federally insured bank or credit union account (W. Va. Code § 38-8-1(a)(4)).
Law: W. Va. Code §§ 38-5A-3, 38-8-1

Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.

Property you can keep in West Virginia

Home: up to $5,000 for a head of household who owns a homestead (W. Va. Code § 38-9-1). One vehicle: up to $5,000 of your interest. Household goods: up to $8,000. Tools of your trade: up to $3,000. Bank deposits: up to $1,100. These four personal property exemptions total at most $15,000 (W. Va. Code § 38-8-1).

Collector licensing in West Virginia

License required: Yes
Who licenses: West Virginia State Tax Commissioner (business registration certificate as license, plus a $5,000 bond and an office in West Virginia)

If you are sued in West Virginia

Time to answer: 20 days after you are served in magistrate court, which hears cases up to $20,000 (W. Va. Magistrate Court Civil Rule 4(b); W. Va. Code § 50-2-1). 30 days in circuit court (W. Va. R. Civ. P. 12(a)(1)(A)).
If you don't answer: If you do not answer or defend, the plaintiff can get a default judgment. In magistrate court you can ask to set it aside under Rule 17.
Court self-help: West Virginia court self-help (official)

Don't ignore court papers. Read what to do if a debt collector sues you.

Where to complain in West Virginia

West Virginia: West Virginia Attorney General, Consumer Protection Division · 1-800-368-8808
Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.

Free help in West Virginia

Good to know in West Virginia

West Virginia's collection rules also cover original creditors that collect their own debts (W. Va. Code § 46A-2-122(d)).
Signed written contracts have a 10-year time limit, one of the longest in the country (W. Va. Code § 55-2-6).
Wage garnishment is capped at 20%, below the federal 25% (W. Va. Code § 38-5A-3).

Changes in 2024–2026

The code's bill history lists 2025 HB 2761 for W. Va. Code § 50-2-1; the current magistrate court civil limit is $20,000. A 2025 bill touching § 55-2-6 (SB 124) passed the Senate but did not finish in the House, so the 10-year and 5-year limits stand.

Free letters to send a collector

Dispute a debt and ask for proof (validation letter)

Within 30 days of the collector's validation notice.

Tell a collector to stop or limit contact

Stop all contact, writing only, or no calls at work.

Questions about debt collection in West Virginia

What is the statute of limitations on debt in West Virginia?

10 years for written contracts and 5 years for open accounts and unwritten agreements (W. Va. Code § 55-2-6 (10 years: signed written contracts; 5 years: other contracts); § 55-2-8).

Does paying on an old debt restart the clock in West Virginia?

A new promise to pay restarts the clock only if it is in writing and signed by you, or is a signed written acknowledgment from which a promise can be implied (W. Va. Code § 55-2-8). The statute does not mention payments.

Must a collector tell me a debt is too old to sue on in West Virginia?

Yes. If the debt is past the time limit for a lawsuit, the collector must put a set notice in every letter saying it cannot sue you, and saying whether it can still report the debt to credit bureaus (W. Va. Code § 46A-2-128(f)).

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

Stricter than federal: no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50).

How much money in a bank account is protected in West Virginia?

$1,100 in a federally insured bank or credit union account (W. Va. Code § 38-8-1(a)(4)).

Do debt collectors need a license in West Virginia?

Yes. West Virginia State Tax Commissioner (business registration certificate as license, plus a $5,000 bond and an office in West Virginia)

Does West Virginia have its own debt collection law?

Yes: the West Virginia Consumer Credit and Protection Act: debt collection (W. Va. Code §§ 46A-2-122 to 46A-2-129a). It also covers original creditors collecting their own debts.

How long do I have to answer a debt lawsuit in West Virginia?

20 days after you are served in magistrate court, which hears cases up to $20,000 (W. Va. Magistrate Court Civil Rule 4(b); W. Va. Code § 50-2-1). 30 days in circuit court (W. Va. R. Civ. P. 12(a)(1)(A)).

Where can I complain about a debt collector in West Virginia?

West Virginia Attorney General, Consumer Protection Division: https://ago.wv.gov/consumer-protection/file-complaint-consumer-protection-division · 1-800-368-8808

Sources

Last checked: Oct 24, 2026.

Federal sources

Debt collectors in West Virginia: your rights