Statute of limitations on debt in West Virginia

10 years to sue on a written contract and 5 years on an open account (W. Va. Code § 55-2-6 (10 years: signed written contracts; 5 years: other contracts); § 55-2-8).

Short answer

In West Virginia, a creditor or debt collector has 10 years to sue on a written contract and 5 years to sue on an open account or unwritten agreement. 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). Collectors must also warn you about old debts: 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)).

Written contracts
10 years
Open accounts and unwritten agreements
5 years
Notice that a debt is too old?
Yes

West Virginia's time limits to sue on a debt

Law
W. Va. Code § 55-2-6 (10 years: signed written contracts; 5 years: other contracts); § 55-2-8
Official text
Read the law

West Virginia's 10 years for written contracts is longer than the most common limit in our 48 state guides (6 years); 8 states, West Virginia included, have this limit. It is the longest limit in our guides (8 states). Next door: 6 years in Ohio, 4 years in Pennsylvania, 3 years in Maryland and 5 years in Virginia.

Your rights against collectors in West Virginia

If a collector crosses the line: 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).

Must a collector say a debt is too old 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)).

Can a payment 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.

More West Virginia rules on old debts

  • 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)).

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

West Virginia: 10 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in West Virginia

Say in your written answer that the debt is too old. Deadline 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)).

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.

What to do if you are sued in West Virginia

What to do about an old debt in West Virginia

  1. Match the debt to the right limit

    West Virginia gives 10 years for written contracts and 5 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Think before you pay or sign

    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).

  3. Dispute the debt in writing

    Send a dispute letter within 30 days of the validation notice.

  4. Check the collector's license

    West Virginia requires collectors to be licensed by West Virginia State Tax Commissioner (business registration certificate as license, plus a $5,000 bond and an office in West Virginia); ask for the license number.

  5. Complain about a suit on a time-barred debt

    Report it to West Virginia Attorney General, Consumer Protection Division and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-368-8808.

Old debts under federal law

A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). In West Virginia, the time limit of 10 years to sue on a written contract can outlast the 7 years a collection may stay on your report. All the federal rules: time-barred debt guide.

Free help in West Virginia

Questions about old debts in West Virginia

How long can a debt collector sue me 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).

Can a small payment revive an old debt 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.

Do collectors in West Virginia have to warn me that a debt is time-barred?

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)).

What is the time limit for credit card and open-account debt in West Virginia?

For open accounts and unwritten agreements, West Virginia's limit is 5 years (W. Va. Code § 55-2-6 (10 years: signed written contracts; 5 years: other contracts); § 55-2-8).

Related West Virginia pages

Sources

Last checked: Oct 24, 2026.

Federal sources