West Virginia Debt Collection Laws: Know Your Rights

You open your email looking for an urgent message. You find endless messages from a debt collector instead. You spend precious minutes skimming through them, hoping you won’t miss what you need. You finally find it, but this keeps happening.

You don’t have to live like this.

West Virginia debt collection laws protect you from harassment and abuse. These laws control when, how, and how long debt collectors can contact you. They also limit how much collectors can take from your wages through garnishment.

You can stop the harassment before it gets worse. Responding to a debt collection lawsuit with a written Answer protects your rights.

Understanding your rights puts you in control. Here’s what you need to know about West Virginia debt collection laws.

Your Legal Protections Against Debt Collectors

West Virginia uses state law (Chapter 46A Article 2) and federal law to protect consumers. Debt collectors who violate these laws face serious consequences. They can lose their operating license or pay substantial fines.

Our partner Solo helps you enforce these protections when collectors cross the line.

Fraudulent Practices Are Illegal

WV Code §46A-2-127 bans deceptive and fraudulent debt collection practices. Debt collectors cannot:

• Refuse to give their real name or hide behind a company name
• Falsely claim they have sensitive information about you
• Misrepresent your debt information or character in court
• Threaten to add unauthorized service, attorney, or investigation fees

Harassment and Oppressive Communication Is Prohibited

Federal law (15 USC §1692c) and state law ban certain communication tactics. Debt collectors cannot:

• Call you multiple times daily for the same debt
• Leave countless emails or voicemails
• Continue contacting you without verifying the debt
• Discuss your debt with anyone else besides you

Debt Validation Is Required

Creditors must send you written notice within five days of first contact. The notice must include:

• The original creditor’s full name
• A complete breakdown of the debt amount
• A statement that you can dispute the debt
• Information about requesting additional debt documentation
• Notice that the debt becomes valid if you don’t respond within 30 days

You have the right to send a Debt Validation Letter demanding proof.

Wage Garnishment Has Strict Limits

WV Code §46A-2-130 controls how much collectors can garnish from your paycheck. The law states that:

• Collectors can only garnish 20% of your income or the amount exceeding 50 times the federal minimum wage ($7.25/hour)
• You can ask the court to reduce or eliminate garnishment if it causes hardship
• Debt collectors cannot prioritize their debt over child support or spousal support

Example: Kennedy owed $985 to Middle Credit. Middle Credit sued and won a default judgment because Kennedy didn’t respond. They requested a garnishment order for $98 weekly. Kennedy already had a child support garnishment order. After that deduction, his wages fell below the federal poverty line. Kennedy filed an objection. The court ruled in his favor because child support takes priority and his remaining wages didn’t meet the garnishment threshold.

Federal Protections Under the FDCPA

The Fair Debt Collection Practices Act supports state laws with additional protections. The FDCPA works alongside West Virginia laws to shield you from abuse.

One key difference: the FDCPA doesn’t set specific statute of limitations timelines. West Virginia fills that gap. The state sets these time limits for debt collection lawsuits:

• Credit card debt: 10 years
• Auto loans: 4 years
• Open accounts: 5 years

After these deadlines pass, collectors cannot sue you for the debt.

Fight Back When Collectors Violate Your Rights

You have power when debt collectors break the law. Here’s how to take action:

Step 1: Document Everything

Keep detailed records of every communication. Note the date, time, method of contact, and what was said. Save emails, voicemails, and text messages. Write down the collector’s name and company.

Step 2: Contact the Debt Collector

Send a written complaint about the violation. Request they stop the illegal behavior or correct any errors. Give them a chance to fix the problem. Keep a copy of your letter.

Step 3: File Official Complaints

Report the violation if the collector doesn’t respond. You can file complaints with:

• West Virginia Attorney General’s Office
• Better Business Bureau
• Fair Trade Commission

The agency will contact the debt collector and request a response.

Step 4: Dispute Inaccurate Information

Contact the three major credit bureaus if the debt amount is wrong. File a formal dispute. The bureaus must investigate and respond within 30 days.

Step 5: Consider Legal Action

You can sue the debt collector if other methods fail. Make sure you have strong evidence before filing. You may recover damages and attorney fees.

Our partner Solo helps you respond to debt lawsuits and fight back against collector abuse. You don’t need to face this alone.

Answer the Lawsuit to Protect Your Rights

Responding to a debt collection lawsuit is critical. Many people ignore court summons and lose by default. A default judgment gives collectors the power to garnish your wages.

Your Answer document challenges the lawsuit. It forces collectors to prove their case. It protects you from automatic judgment.

You have between 20 and 30 days to file your Answer in West Virginia. The exact deadline appears on your summons. Missing this deadline means automatic loss.

You can settle the debt before trial. Negotiating a settlement saves you from court and reduces what you owe. Settlement also stops wage garnishment threats.

Settle Your Debt and Move Forward

You don’t have to pay the full amount demanded. Debt collectors often accept less than the total balance. They want to close the case and recover something.

Settlement negotiations work best when you:

• Know your rights under West Virginia law
• Understand the collector’s limitations
• Document all agreements in writing
• Get confirmation before making any payment

Never agree to a payment plan without written confirmation. Verbal promises don’t protect you. Always get settlement terms documented before sending money.

Our partner Solo can help you negotiate and settle debt lawsuits. Their platform makes the settlement process straightforward and stress-free.