State file — West Virginia
Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.
| How long they have to sue you — credit-card debt | 10 years (written contract) / 5 years (open account) · W. Va. Code § 55-2-6 Primary text opened at code.wvlegislature.gov, § 55-2-6: 'if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby... within ten years; and if it be upon any other contract, express or implied, within five years.' Contested: Roundups stating '5 years for written contracts' invert the statute. Primary text: a contract in writing SIGNED by the party to be charged (but not under seal) gets 10 years; bonds/specialties under seal also 10; 'any other contract, express or implied' gets 5. The live dispute for cards is classification - signed written agreement (10) vs. other/implied contract (5) - not the numbers themselves. |
| If the clock has run out | Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. From a secondary source — double-check before you rely on it West Virginia's revival provision was not opened this pass. Secondary 50-state analysis: a new promise must be in writing; the statute is silent/unresolved on whether a bare part payment alone revives. Cite left blank rather than guessed. |
| Deadline to answer a lawsuit | Serve an answer within 20 days after service of the summons - extended to 30 days if, within the 20 days, the defendant files and serves a notice of bona fide defense (other service types also carry 30 days) · W. Va. R. Civ. P. 12(a)(1) |
| Taking your paycheck (wage garnishment) | More protective than the federal cap. State cap more protective than federal: garnishable amount is the lesser of 20% of disposable earnings or the amount by which weekly disposable earnings exceed 50 times the federal minimum wage. W. Va. Code § 38-5A-3 From a secondary source — double-check before you rely on it |
| Taking your bank account (a levy) | No West Virginia-specific automatic bank-balance floor located this pass. The debtor's exemption statute (W. Va. Code § 38-10-4 pattern, incl. a wildcard plus unused homestead amount) and traceable exempt benefit income can be claimed against a levy/suggestee execution; non-exempt balances are exposed. W. Va. Code §§ 38-5A-1 et seq., 38-10-4 From a secondary source — double-check before you rely on it Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212). |
| Original creditor calling? | Yes — the West Virginia Consumer Credit and Protection Act (WVCCPA) (W. Va. Code §§ 46A-2-122 to -129a) applies FDCPA-style rules to original creditors. VERIFIED from primary text (code.wvlegislature.gov, § 46A-2-122(d)): 'debt collector' means 'any person or organization engaging directly or indirectly in debt collection' - with no original-creditor/creditor-employee exclusion in the definition (only a narrow licensed-attorney carve-out), so first-party collectors are covered, as WV case commentary confirms. |
| How long a judgment lasts | 10 years — A judgment lien on real estate continues 10 years from entry and may be renewed for an additional 10 years · W. Va. Code §§ 38-3-6, 38-3-7 From a secondary source — double-check before you rely on it |
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10 years (written contract) / 5 years (open account) under W. Va. Code § 55-2-6. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).
Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. ().
Serve an answer within 20 days after service of the summons - extended to 30 days if, within the 20 days, the defendant files and serves a notice of bona fide defense (other service types also carry 30 days) (W. Va. R. Civ. P. 12(a)(1)). Most of these cases are lost by default — by never answering at all.
State cap more protective than federal: garnishable amount is the lesser of 20% of disposable earnings or the amount by which weekly disposable earnings exceed 50 times the federal minimum wage. (W. Va. Code § 38-5A-3).