Wage garnishment and exemptions in West Virginia

In West Virginia, a creditor can take no more than 20% of your pay. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

West Virginia sets a lower limit than federal law: no more than 20% of your pay. 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). In a bank account: $1,100 in a federally insured bank or credit union account (W. Va. Code § 38-8-1(a)(4)).

Wage limit
Up to 20%
Federal benefits in a bank account
Up to 2 months protected
Law
W. Va. Code §§ 38-5A-3, 38-8-1

Your paycheck and garnishment 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).
Law
W. Va. Code §§ 38-5A-3, 38-8-1

West Virginia is one of 20 of our 48 state guides with a cap of 20% or less, under the federal 25% (15 U.S.C. 1673(a)).

In nearby states

What creditors can't take 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).

Money in your bank account in West Virginia

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

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). Read the debt lawsuit guide.

Also in West Virginia

  • Wage garnishment is capped at 20%, below the federal 25% (W. Va. Code § 38-5A-3).

The lawsuit comes first in West Virginia

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.

Answer the lawsuit by the 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).

What to do if you are sued in West Virginia

Protecting your pay and property in West Virginia

  1. Read every notice

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Apply West Virginia's wage rule

    West Virginia's wage rule: 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).

  3. Look at your bank account

    West Virginia also protects money in an account: $1,100 in a federally insured bank or credit union account (W. Va. Code § 38-8-1(a)(4)). Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Claim your exemptions in court

    File the court's exemption claim form before the deadline; the clerk has it. Start with West Virginia court self-help (official).

Questions about garnishment in West Virginia

What is the wage garnishment limit 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).

Can a creditor empty my bank account in West Virginia?

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

What are West Virginia's property exemptions?

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).

Can a creditor garnish federal benefits in my bank account in West Virginia?

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). $1,100 in a federally insured bank or credit union account (W. Va. Code § 38-8-1(a)(4)).

Related West Virginia pages

Sources

Last checked: Oct 24, 2026.

Federal sources