State file — West Virginia

West Virginia debt collection: the deadlines and limits that decide your case

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 debt10 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 outSigning 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 lawsuitServe 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 lasts10 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

Run my dates through the free checker

Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.

Included in the $39 DebtDecoded Kit

  • The letter builder — answer a few questions and it writes your letters: the one that makes them prove the debt is yours, and the one that orders them to stop calling. Wording follows the federal rulebook (Regulation F). Ready to print and mail
  • The old-debt trap worksheet — checks your dates against your state's restart rule before you pay or sign anything, so one small payment can't quietly restart the clock on an old debt (the trap lawyers call 'revival')
  • The call log — counts their calls against the legal line: more than 7 calls in 7 days about one debt counts as harassment (12 CFR 1006.14(b)(2))
  • The 'what they can't take' pack — what a court judgment can and cannot take in your state, including the rule that shields two months of federal benefits sitting in your bank account (31 CFR Part 212)
  • The offer-math worksheet — what a 'deal' really costs once fees and the tax on the written-off part are counted (that tax shows up on Form 1099-C)
  • The complaint walkthrough and the honest directory — who to call instead when a free or better route fits you

One payment. Every stage of the road, and the deadline tables for all 50 states — every number with its law cited. No account, no subscription — and the free checker above stays free whether you buy or not.

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Quick answers

What is the statute of limitations on credit card debt in West Virginia?

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).

Can paying a little restart the clock in West Virginia?

Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. ().

How long do I have to answer a debt-collection lawsuit in West Virginia?

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.

Can a debt collector garnish my wages in West Virginia?

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).

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