How to Answer a Debt Collection Summons in West Virginia (2025)

Life throws enough challenges at you without debt collection lawsuits.

Finding out you’re being sued for debt can feel overwhelming. You might not have money for an attorney right now.

Responding on your own doesn’t have to be scary. You have options, and you can protect yourself.

Ignoring the lawsuit guarantees you’ll lose. Taking action gives you a fighting chance.

We’ll walk you through every step. You’ll learn West Virginia-specific deadlines, forms, and laws.

You Have 20 Days to Respond in West Virginia

West Virginia gives you 20 days to respond to a debt collection lawsuit. The clock starts when you receive the Summons and Complaint.

Missing this deadline hands your creditor an automatic win. They’ll get a default judgment against you.

With a default judgment, collectors can garnish your wages. They can take money from your paycheck before you even see it.

They can also seize your West Virginia state tax refund. Your financial situation will get worse, not better.

West Virginia’s Rules of Civil Procedure Rule 12(a)(1) states the deadline clearly. You must serve your Answer within 20 days after service of the summons.

The lawsuit begins when the plaintiff files and serves documents against you. The plaintiff is usually your creditor or a debt buyer.

You are the defendant. You need to defend yourself before time runs out.

Filing your response on time protects your rights. You can challenge the debt amount and negotiate payment terms.

Don’t let the deadline pass. Take action now to protect your paycheck and your future.

West Virginia Answer Forms You Can Use

You have two main options for filing your Answer in West Virginia.

Cases under $10,000 go to Magistrate Court. The court provides an official Answer form you can use.

Cases over $10,000 go to Circuit Court. You’ll need to draft your own formatted response.

The plaintiff already determined which court applies. Check your Summons and Complaint for the court information.

Our partner Solo can help you create a properly formatted Answer. Their software translates your situation into proper legal language.

Alternatively, download the Magistrate Court Answer form from the West Virginia court system. Fill it out carefully if your case qualifies.

Circuit Court cases require more detailed formatting. Follow local court rules precisely or get help from a legal professional.

Choose the right form based on your debt amount. File it before your 20-day deadline expires.

No Filing Fees for Your Answer

Good news: West Virginia doesn’t charge fees to file an Answer to a debt lawsuit.

You can file your response without worrying about court costs. Save your money for other expenses.

Other court actions might have fees attached. Check West Virginia Code §59-1-11 for details on other filing fees.

Filing your Answer costs you nothing but time. Don’t let fear of fees stop you from responding.

Three Steps to Respond to Your Debt Lawsuit

Follow these steps to file a strong Answer in West Virginia.

Step 1: Answer Each Allegation in the Complaint

The Complaint lists specific claims against you. You must respond to every single one.

Magistrate Court cases use a simple checkbox form. You can admit, deny, or partially admit the allegations.

Most defendants check “admitting in part and denying in part.” Admit basic facts like your name or account number.

Deny allegations you can’t verify or disagree with. Challenge the debt amount if it seems wrong.

Circuit Court cases require numbered responses. Match each paragraph in the Complaint with your answer.

You have three response options for each allegation:

• Admit (you agree with the statement)
• Deny (you disagree with the statement)
• Deny due to lack of knowledge (you can’t verify the information)

Use the third option for facts you can’t independently confirm. Company incorporation details are a good example.

Number your responses to match the Complaint. Make it easy for the judge to follow.

Our partner Solo helps you respond correctly to every allegation. No legal knowledge required.

Step 2: Assert Your Affirmative Defenses

Affirmative defenses explain why the plaintiff shouldn’t win. Include every defense that applies to your situation.

The Magistrate Court form has a section for defenses. Check the box and explain your defenses clearly.

Circuit Court Answers list affirmative defenses after your allegation responses. Format them as separate numbered paragraphs.

Common affirmative defenses include:

• Payment: You already paid the debt in full
• Accord and satisfaction: You settled for a lower amount with the creditor’s agreement
• Bankruptcy discharge: The debt was eliminated in a previous bankruptcy
• Statute of limitations: The debt is too old to sue over

Include proof when possible. Attach bank records showing payment or settlement correspondence.

Reference your bankruptcy discharge order if applicable. Make the judge’s job easier.

The statute of limitations in West Virginia is ten years for most debts. We’ll cover this in detail below.

You can also file counterclaims if the collector violated debt collection laws. They may have harassed you or used illegal tactics.

West Virginia follows the federal Fair Debt Collection Practices Act. The state also has the West Virginia Consumer Credit and Protection Act.

Violations can force collectors to pay your attorney fees and court costs. Some violations even trigger criminal charges.

Debt harassment cases get complex quickly. Consider consulting an attorney for counterclaims.

You can also file a complaint with the West Virginia Attorney General. Their complaint form is available online.

Step 3: File and Serve Your Answer

Print at least two copies of your completed Answer. Three copies is even better.

Mail one copy to the court listed on your Summons. Mail another copy to the plaintiff’s attorney.

Keep the third copy for your records. You’ll want it later.

Complete the Certificate of Service section on the Magistrate Court form. Document that you sent copies to all parties.

File everything before your 20-day deadline. Don’t wait until the last day.

Mail delays can cause problems. Give yourself buffer time for safe delivery.

How to Settle Your Debt in West Virginia

Debt collectors often accept less than you owe. They buy debts for pennies on the dollar.

Original creditors typically settle for 60-80% of the balance. Third-party collectors might accept 30-50%.

Settling can save you thousands of dollars. Follow these steps to negotiate successfully.

Send Your Answer First

Always file your Answer before negotiating. Never skip this step.

Your Answer shows you’re serious about defending yourself. Collectors become more willing to negotiate.

Without an Answer, they’ll get a default judgment. You’ll lose all negotiating power.

Respond to every allegation in the Complaint. Deny what you can’t verify.

Assert your affirmative defenses. Make them work for their money.

Start Negotiating

Contact the collector after the court receives your Answer. Send a debt settlement letter.

Explain why you can’t pay the full amount. Offer a specific percentage you can afford.

Be ready to make a lump sum payment. Collectors prefer immediate payment over payment plans.

They might counter your offer. Stay calm and keep negotiating.

Desperate collectors will accept lower amounts. They want to close the account.

Get Everything in Writing

Never rely on verbal agreements. Always get the settlement in writing.

Require a signed agreement before you pay. Protect yourself from future collection attempts.

The agreement should state the settled amount satisfies the debt in full. Keep copies forever.

Collectors sometimes restart collection after settlements. Written proof protects you.

SoloSettle helps you negotiate without talking to collectors directly. You stay in control of the entire process.

Statute of Limitations on West Virginia Debt

Debt collectors can’t sue you forever. West Virginia sets time limits on collection lawsuits.

The statute of limitations is ten years for most debts in West Virginia. Written contracts fall under this category.

Credit card debt, medical bills, auto loans, and mortgages have a ten-year limit. Personal loans also qualify.

Oral contracts and implied contracts have a five-year statute of limitations. These are less common.

West Virginia Code §55-2-6 sets these deadlines. After the time expires, collectors lose their right to sue.

They can still contact you about the debt. They just can’t take you to court.

Use expired statutes as an affirmative defense in your Answer. The judge should dismiss the case.

Statute of Limitations on Different Debt Types

Check when you last made a payment. That’s usually when the clock starts.

Collectors sometimes sue on expired debts hoping you won’t respond. Always file your Answer and raise this defense.

West Virginia Debt Collection Laws Protect You

West Virginia has strong consumer protection laws. Collectors must follow strict rules.

The Fair Debt Collection Practices Act applies in West Virginia. The West Virginia Consumer Credit and Protection Act adds more protections.

Collectors can’t mislead or deceive you under WV Code §46A-2-127. They must tell you the truth.

Prohibited tactics include:

• Hiding their identity or company name
• Lying about the debt amount or your obligations
• Threatening fake fees for investigation, attorney, or services
• Making false statements in court

Federal law 15 USC §1692c controls how collectors communicate with you. They can’t harass you.

Collectors can’t call you constantly throughout the day. They can’t leave endless messages.

They must respond properly to your debt validation letter. They can’t tell others about your debt.

Wage garnishment laws limit what collectors can take. They can only garnish 20% of earnings.

Alternatively, they can take the amount exceeding 50 times minimum wage. That’s $362.50 based on $7.25 minimum wage.

West Virginia prioritizes child support and spousal support garnishments. Other garnishments come after these.

You can object if garnishment leaves you unable to afford basics. File your objection with the court.

Collectors who violate these laws face serious penalties. They might lose their license.

You can sue collectors for violations. They might have to pay your attorney fees.

Debt Relief Options in West Virginia

Multiple paths can help you escape debt in West Virginia. Choose the option that fits your situation.

Credit Counseling

Government-approved credit counselors help you organize your finances. They teach budgeting and financial planning.

Counselors analyze your debts and create payoff plans. They negotiate with creditors for you.

They might reduce interest rates or waive fees. They can adjust repayment terms.

Research agencies carefully before choosing one. Some agencies scam desperate debtors.

Check the FTC’s list of banned agencies. Only work with approved West Virginia counselors.

Debt Settlement

Settling lets you pay less than you owe. You need some savings available.

Third-party debt buyers often agree to settlements. They paid pennies for your debt.

Original creditors are tougher negotiators. They typically want 60-80% of the balance.

Settlement damages your credit temporarily. Paying less looks bad to future lenders.

Debt Consolidation

Consolidation combines multiple debts into one loan. You make a single monthly payment.

The new loan should have better terms than your current debts. Lower interest saves money.

Consolidation simplifies your finances. You track one payment instead of many.

Bad consolidation loans make things worse. Compare terms carefully before consolidating.

Bankruptcy

Bankruptcy should be your last resort. Consider other options first.

Chapter 7 bankruptcy eliminates most debts quickly. You might lose some assets.

Chapter 13 bankruptcy creates a repayment plan. You keep your assets but pay over time.

Bankruptcy destroys your credit score. It stays on your report for ten years.

Future credit becomes expensive and hard to get. Only file if you have no other choice.

West Virginia Assistance Programs

West Virginia offers programs to help with basic needs. Freeing up money helps you pay debt.

• WV Works provides cash assistance to families
• SNAP helps with food costs
• Medicaid, CHIP, and QHP cover healthcare
• Emergency assistance helps with crises
• Burial assistance helps with funeral costs
• Mountaineer Rental Assistance helps with housing

These programs let you use more income for debt payments. Apply for every program you qualify for.

Stop Wage Garnishment in West Virginia

Wage garnishment takes money before you see your paycheck. You can fight back.

Garnishment only happens after collectors win their lawsuit. They must get a judgment first.

After winning, they apply for a Writ of Garnishment. The court issues a garnishment order.

They must serve you and your employer before garnishment starts. You’ll receive notice.

You have options to stop garnishment even after it begins.

Object to the Garnishment

File an objection with the court that issued the order. State your reasons clearly.

Bring evidence to the hearing. Prove why garnishment is wrong or illegal.

Valid objections include:

• You already paid the debt
• You have a new payment agreement
• The garnishment calculation is incorrect
• The collector didn’t follow proper procedures

WV Code §46A-2-130(3) explains objection grounds. Review this statute carefully.

File for Exemption

West Virginia protects certain income from garnishment. You might qualify for exemptions.

Protected income includes:

• Veteran benefits
• Workers’ compensation
• Public assistance
• Disability benefits

Heads of household can claim exemptions too. Prove you can’t afford necessities with garnishment.

File your exemption claim quickly. Don’t let garnishment continue unnecessarily.

Settle the Debt

Settling stops garnishment immediately. Offer a lump sum payment if possible.

Collectors prefer immediate payment over slow garnishment. They might accept less than you owe.

Get the settlement agreement in writing. Make sure it releases you from the debt completely.

Don’t leave any balance owed. Collectors might continue collection on the remainder.

File for Bankruptcy

Bankruptcy stops all garnishments immediately. The automatic stay halts collection efforts.

Your credit score will plummet. Bankruptcy stays on your report for ten years.

Only file bankruptcy if you have no other options. It’s a serious financial decision.

Find Your West Virginia Court Case

Court records are public in West Virginia. You can look up your case online.

Some cases remain sealed for privacy. Minors, abuse cases, and adoptions are confidential.

West Virginia has three court levels:

• Supreme Court of Appeals: Highest court, hears appeals
• Circuit Court: Civil cases over $7,500, appeals from Magistrate Court
• Magistrate Court: Civil cases up to $7,500, small claims up to $5,000

Your debt lawsuit is probably in Magistrate Court. Most debt cases qualify as small claims.

You don’t need a lawyer for small claims. You do need a strong Answer.

Finding your case requires at least two pieces of information:

• Case number (most efficient search method)
• Case type (civil or small claims)
• Party names (plaintiff and defendant)
• Business name (if sued by a company)
• Filing date (narrows search results)

The case number appears on your Summons and Complaint. Call the court clerk if you lost it.

Magistrate Court cases can be searched online. Visit the Magistrate Court Online portal.

Circuit Court records aren’t fully online yet. You can find docket information only.

Docket information includes parties, hearing dates, charges, judge, and courtroom. Full records require a courthouse visit.

Visit your county courthouse to get complete case files. Ask the court clerk for copies.

You’ll pay a small copying fee. Bring cash or check for payment.

Free Legal Help in West Virginia

You’re not alone in this fight. Free legal help exists in West Virginia.

Government-funded organizations help residents who can’t afford attorneys. Services are free or low-cost.

Contact these organizations for assistance:

• Legal Aid of West Virginia provides free legal help
• Legal Aid Consumer Self-Help Resources offers guides and forms
• West Virginia Veterans Assistance helps former service members
• West Virginia Senior Legal Aid assists elderly residents

These organizations help with debt lawsuits. They might review your Answer or represent you.

Call early to get on their schedule. Free legal aid stays busy.

West Virginia Court Locations

Find your local courthouse using the West Virginia court system website. Click on your county for details.

You’ll find the courthouse address, clerk contact information, and hours. Some courts offer online resources.

Visit the courthouse to file documents in person. Bring copies for everyone involved.

Common West Virginia courts handling debt cases include:

• Kanawha County Circuit Court
• Berkeley County Magistrate Court
• Cabell County Magistrate Court
• Monongalia County Circuit Court
• Wood County Magistrate Court
• Jefferson County Magistrate Court
• Raleigh County Circuit Court

Check the court website for your specific county. Verify filing procedures before visiting.

Call ahead with questions about filing. Court clerks can explain local procedures.