West Virginia debt: a weekly call limit, and a law that covers your bank too
West Virginia has one of the strongest state collection laws in the country. It covers banks and other original lenders, sets a hard weekly limit on calls, and caps garnishment at 20%. Its time limit on written contracts is long, though: ten years.
Free check first. If a dispute letter makes sense, it costs $29 ($19 for military, veterans, seniors and people with disabilities) with three follow-ups.
Who is asking you to pay?
Look at the company name at the top of the letter or in the caller ID.
West Virginia at a glance
- Written contracts
- 10 years (55-2-6)
- Oral, open accounts
- 5 years
- Calls per week
- No more than 30, or 10 conversations
- State law covers
- Creditors and banks too
- Wage garnishment
- At most 20%
- Claims under the Act
- Within 4 years
General information about West Virginia law, with sources below. Not legal advice.
A collection law that covers your bank too
The West Virginia Consumer Credit and Protection Act applies to creditors collecting their own debts, including banks, as well as to collectors (W. Va. Code 46A-2-122(d)). Calling any person more than thirty times a week, or engaging them in telephone conversation more than ten times a week, is treated as abusive (46A-2-125(d)).
These call limits came from 2015 amendments, which also set four years to bring a claim under the Act for actions filed from September 1, 2015. Keep a call log: dates and times are the evidence a claim needs. Collection agencies are licensed under chapter 47, article 16 of the West Virginia Code, and the Attorney General's Consumer Protection Division enforces the Act.
Ten years or five in West Virginia
Ten years on a written contract (W. Va. Code 55-2-6) and five years on an oral contract or open account. Sources disagree on credit cards: some apply the ten-year written-contract period, others the five-year open-account period.
Compare the 5-year limit with every other state in our statute of limitations on debt by state table.
Limits vary a lot between states: by comparison, California sets 4 years and Kansas sets 3 years for similar debts.
Not sure a West Virginia collector is genuine? Check our guide to fake debt collectors, then ask for validation in writing.
West Virginia residents often hear from national agencies like IC System and Jefferson Capital Systems; see our guides to each.
A West Virginia summons has a short deadline. Our debt lawsuit guide covers answering it, defenses such as the time limit, and settling.
Garnishment capped at 20%
For a consumer credit judgment, garnishment is capped at the lesser of 20% of weekly disposable earnings or the amount above 50 times the federal minimum wage (46A-2-130), and the same 20% limit applies to other private-employment wage executions (38-5A-3).
The federal dispute right applies to collectors: a written dispute inside the validation period makes the collector stop until it mails verification.
Our page on how to stop wage garnishment sets West Virginia's rule beside the federal limit and the strongest state protections.
Questions people ask about debt in West Virginia
How many times can a debt collector call me in West Virginia?
Calling more than thirty times a week, or holding more than ten conversations a week, is treated as abusive under W. Va. Code 46A-2-125(d).
Does West Virginia law cover my bank or card issuer?
Yes. The Consumer Credit and Protection Act applies to creditors collecting their own debts, including banks.
What is the statute of limitations on credit card debt in West Virginia?
Sources disagree: ten years if treated as a written contract (55-2-6), five if treated as an open account.
How much of my wages can be garnished in West Virginia?
No more than the lesser of 20% of weekly disposable earnings or the amount above 50 times the federal minimum wage.
How long do I have to bring a claim under the Act?
Four years from the violation, for actions filed from September 1, 2015.