West Virginia debt statute of limitations

West Virginia limitation periods by type of debt

Unwritten/open-account debt is 5 years; signed or sealed written contracts 10 years (§ 55-2-6).

What the West Virginia statute says

“if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years,”
W. Va. Code § 55-2-6

“and if it be upon any other contract, express or implied, within five years, unless it be an action by one party against his copartner for a settlement of the partnership accounts,”
W. Va. Code § 55-2-6

Does paying restart the clock in West Virginia?

A signed written promise to pay restarts the period (W. Va. Code § 55-2-8).

“but no promise, except by writing as aforesaid, shall take any case out of the operation of the said sixth section, or deprive any party of the benefit thereof. An acknowledgment in writing as aforesaid, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this section.”
W. Va. Code § 55-2-8

West Virginia’s own debt collection law

The West Virginia Consumer Credit and Protection Act bars debt collectors from using unfair or unconscionable means to collect a claim and lists conduct deemed to violate that rule.

“No debt collector may use unfair or unconscionable means to collect or attempt to collect any claim. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:”
W. Va. Code § 46A-2-128 (West Virginia Consumer Credit and Protection Act)

If a creditor wins a judgment in West Virginia

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different West Virginia rules take over.

How long a judgment lasts

In West Virginia, execution on a judgment may be issued within ten years after its date, and if issued, further executions may be issued within ten years from the return day of the last unsatisfied execution.

“On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon”
W. Va. Code § 38-3-18(a)

Wage garnishment

In West Virginia, a wage (suggestee) execution is limited to 20% of wages after taxes, and payments may never reduce the debtor's weekly pay below 50 times the federal minimum hourly wage.

“to an amount equal to twenty percent thereof and no more, but in no event shall the payments in satisfaction of such an execution reduce the amount payable to the judgment debtor to an amount per week that is less than fifty times the federal minimum hourly wage then in effect.”
W. Va. Code § 38-5A-3(a)

Small claims court

West Virginia magistrate courts (which handle small civil claims) have jurisdiction over civil actions where the amount in controversy, excluding interest and costs, is not more than $20,000.

“such courts shall have jurisdiction of all civil actions wherein the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than $20,000.”
W. Va. Code § 50-2-1

Time-barred debt in West Virginia

In West Virginia, a debt collector collecting a debt that is past the statute of limitations must include a required disclosure in all written communications telling the consumer the owner cannot sue for it.

“(f) When the debt is beyond the statute of limitations for filing a legal action for collection, failing to provide the following disclosure informing the consumer in all written communication with such consumer that:”
W. Va. Code § 46A-2-128(f)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how West Virginia treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in West Virginia?

5 years for credit-card debt and 10 years on a written contract, under W. Va. Code § 55-2-6. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in West Virginia?

A signed written promise to pay restarts the period (W. Va. Code § 55-2-8).

Does West Virginia have its own debt collection law?

The West Virginia Consumer Credit and Protection Act bars debt collectors from using unfair or unconscionable means to collect a claim and lists conduct deemed to violate that rule. (W. Va. Code § 46A-2-128 (West Virginia Consumer Credit and Protection Act)).

How long does a court judgment last in West Virginia?

In West Virginia, execution on a judgment may be issued within ten years after its date, and if issued, further executions may be issued within ten years from the return day of the last unsatisfied execution. (W. Va. Code § 38-3-18(a)).

How much of my pay can be garnished in West Virginia?

In West Virginia, a wage (suggestee) execution is limited to 20% of wages after taxes, and payments may never reduce the debtor's weekly pay below 50 times the federal minimum hourly wage. (W. Va. Code § 38-5A-3(a)).

What if I am sued on an old debt in West Virginia?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.