State Debt Laws
West Virginia Debt Collection Laws
Garnishment limits, exemptions, and consumer protections specific to West Virginia
West Virginia (WV) - At a Glance
| State Consumer Protection Law | West Virginia Consumer Credit and Protection Act |
| Source | W.Va. Code ยง 46A-1-101 et seq. |
| Covers Original Creditors? | YES - covers original creditors too |
| Max Wage Garnishment | 20% of disposable earnings (federal minimum; may be lower) |
| Bank Levy Exemption | $800 in bank |
| Homestead Exemption | $25,000 |
Key Protections in West Virginia
- CCCPA covers original creditors (beyond FDCPA)
- Lower wage garnishment cap (20%)
- FDCPA applies to third-party collectors
- Triple damages for willful violations
Wage Garnishment in West Virginia
After a court judgment, creditors in West Virginia can garnish up to 20% of your disposable earnings (earnings after legally required deductions). This is the federal cap - West Virginia follows federal law on this limit.
Exempt from garnishment: Federal benefits (Social Security, SSI, VA benefits) cannot be garnished by private creditors regardless of state law.
File a Complaint in West Virginia
If a debt collector violates the FDCPA or West Virginia Consumer Credit and Protection Act:
- File with the West Virginia Attorney General
- File with the CFPB
- Consult a consumer attorney (FDCPA violations = attorney fees paid by collector)
West Virginia Debt Resources
SoL
West Virginia Statute of Limitations
Credit card, medical, auto, and personal loan SoL in West Virginia.
View SoL →Free Tool
SoL Date Calculator
Calculate the exact SoL expiration date for your debt.
Check SoL →FDCPA
Federal Collector Rules
What debt collectors can and can't do under federal law.
Read Guide →