West Virginia Statute of Limitations on Debt: What You Need to Know
West Virginia's statute of limitations is ten years for most debts, including credit cards, medical bills, mortgages, and loans. Oral contract debts have a five-year limit. If the statute has expired, you can use this as a defense in court, but you must file a response that specifically raises this issue.
Answer Your LawsuitAre you being sued for an old debt in West Virginia? You might wonder how that forgotten debt has come back to haunt you. You defaulted years ago and moved on with your life.
The good news is that the statute of limitations may protect you. But if you made payments after defaulting, you might have reset the clock. Understanding West Virginia’s statute of limitations laws can help you stop that old creditor.
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Don't let a debt collector win by default. You have 20 days to file your Answer and raise the statute of limitations defense. Act now before your deadline passes.
File Your AnswerWhat Is the Statute of Limitations in West Virginia?
The statute of limitations creates a deadline for creditors to sue you. The clock starts ticking when you miss a required payment.
How long does a creditor have to sue you? That depends on two factors: your state laws and your debt type.
In West Virginia, the statute of limitations on most debts is ten years. However, some debt types have different time limits. Understanding these deadlines is crucial for your defense.
West Virginia Statute of Limitations Varies by Debt Type
The statute of limitations on debt in West Virginia is ten years for most debts. Credit card debt, medical bills, mortgages, and loans all fall under this category. Oral contract debts have a five-year statute of limitations.
Statute of Limitations on Debt in West Virginia
| Debt Type | Deadline |
|---|---|
| Oral Contract | 5 years |
| Credit Card | 10 years |
| Medical | 10 years |
| Student Loan | 10 years |
| Auto Loan | 10 years |
| Mortgage | 10 years |
| Personal Loan | 10 years |
| Judgment | 10 years |
Source: W. Va. Code § 38-3-18 and § 55-2-6
What West Virginia Law Actually Says
W.V. Code § 55-2-6 defines time periods for various legal actions to recover money. The statute of limitations starts when the event giving you the right to sue occurs.
Here’s how it applies to different situations:
- Bonds and Fiduciary Contracts: Ten years from when the right to sue begins
- Written Contracts Under Seal: Ten years from the accrual date
- Other Written Contracts Not Under Seal: Ten years from the accrual date
- Express or Implied Contracts: Five years from the accrual date
- Partnership and Merchant Accounts: Five years from when dealings cease
The “right to bring the same shall have accrued” typically refers to when the breach occurred. For non-payment, the statute usually starts from the date payment was due.
Understanding when exactly a right accrues can be complex. The specifics of your situation determine the exact starting point. If you’re facing a debt lawsuit, our partner Solo can help you respond with the right defenses.
The West Virginia Statute of Limitations Can Protect You
Knowing how long your creditor has to file a lawsuit is crucial. When the statute of limitations expires, your debt becomes time-barred. The creditor can no longer legally sue you for payment.
A time-barred debt still exists, but it’s not legally enforceable. Creditors cannot force you to pay through the courts. However, they may still attempt to collect the debt through other means.
If your debt is time-barred, you must raise this defense in your Answer. The court won’t automatically dismiss the case. You need to file a response that specifically mentions the expired statute of limitations.
Tolling May Affect the Statute of Limitations
Tolling pauses the statute of limitations clock. Tolling generally happens when you request additional payment time or resume making payments.
When you default on debt, the clock starts ticking. If you start making payments during this period, the statute of limitations pauses. Tolling begins at that moment.
When a debt lawsuit is filed in West Virginia court, the statute of limitations tolls. The clock stops ticking from the filing date. W.V. Code § 55-2-21 outlines this tolling rule.
Example of How Tolling Works
You owe money on a credit card. One year after defaulting, the creditor contacts you. You start making payments to them.
At this point, one of ten years has passed. The moment you restart payments, the clock stops. If you stop paying again, the clock restarts from one year.
Consider any payments you made when calculating the statute of limitations. Your payment history significantly impacts whether the debt is time-barred.
How to Use the Statute of Limitations as a Defense
If you’ve been sued for debt in West Virginia, assess your situation carefully. Calculate when you last made a payment or acknowledged the debt.
For debts less than ten years old, you might want to consider settlement options. Settling can avoid a judgment and potential wage garnishment. You can explore options to settle your debt before your court date.
For time-barred debts, you must file an Answer that raises this defense. Don’t ignore the lawsuit. Ignoring it results in a default judgment against you.
Our partner Solo helps you create a proper Answer to debt collection lawsuits. You’ll include all necessary defenses, including the statute of limitations.
What to Do If You’re Sued for Old Debt
Being sued for old debt can feel overwhelming. You have options and rights under West Virginia law.
First, determine if the statute of limitations has expired. Calculate from your last payment or acknowledgment of the debt. Account for any tolling periods when you made payments.
Second, respond to the lawsuit within the deadline. In West Virginia, you typically have 20 days to file your Answer. Missing this deadline results in an automatic loss.
Third, include the statute of limitations as an affirmative defense. The court won’t raise this defense for you. You must specifically state it in your Answer.
Fourth, consider whether settlement makes sense for your situation. If the debt isn’t time-barred, settling might cost less than a judgment.