Debt collector laws in West Virginia

The West Virginia debt collection law

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

Official text

Read the law

West Virginia's law reaches original creditors as well, as in 22 of the 48 states we cover.

Protections West Virginia adds to federal law

• 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)).

Suing a collector in West Virginia

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).

Federal law (15 U.S.C. 1692k) also lets you sue within 1 year for actual damages, up to $1,000 extra and attorney's fees.

Licenses for collection agencies 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)

28 of our 48 state guides, West Virginia included, require a collector license.

In nearby states

• Pennsylvania: No statewide license
• Maryland: Yes
• North Carolina: Yes

Reporting a collector 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.

If a collector breaks the rules in West Virginia

1. Save the evidence

   Note the date, time and caller of every contact, and keep letters, voicemails, emails and texts.

2. Check the collector

   West Virginia requires a license; ask the collector for its license number from West Virginia State Tax Commissioner (business registration certificate as license, plus a $5,000 bond and an office in West Virginia).

3. Send a letter

   Use a letter to dispute a debt or to stop collector calls; keep a copy and the mailing receipt.

4. Report the collector

   Complain to West Virginia Attorney General, Consumer Protection Division. You can also complain to the CFPB at consumerfinance.gov/complaint.

5. Know your right to sue in West Virginia

   Under West Virginia law: 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).

Questions about collector laws in West Virginia

Related West Virginia pages

• All debt collection rights in West Virginia
• Statute of limitations in West Virginia: 10 years
• Wage garnishment in West Virginia: up to 20%
• Sued by a debt collector in West Virginia: 20 days
• “Is my debt too old?” checker for West Virginia
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Debt collector licensing by state
• Guide: how to dispute a debt
• Guide: how to stop collector calls

Debt collector laws in nearby states