WAGE GARNISHMENT EXEMPTION: 20% of disposable income or 30 times the federal minimum hourly wage rate, whichever is less
MAXIMUM INTEREST RATE: Legal: 6% Judgment: 10%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account: 5 years
Written Contract: 10 years
Domestic Judgment: 10 years
Foreign Judgment: 10 years
BAD CHECK LAW DAMAGES: Amount of check plus service charge up to $10
BANKRUPTCY PROPERTY EXEMPTIONS (West Virginia Code):
The State of West Virginia has exempted the property and income below from seizure by the bankruptcy court to pay creditors:
Real Property: Real or personal property claimed as residence to $15,000; unused homestead may be applied to other property (see Miscellaneous section below) [38-10-4(a)]
Personal Property: Burial plot up to $15,000 in lieu of real estate exemption [38-10-4(a)]; motor vehicle up to $2,400 [38-10-4(b)]; appliances, books, furnishings and household goods, animals, clothing, crops and musical instruments, up to $400 per item and $8,000 total [38-10-4(c)]; jewelry up to $1,000 [38-10-4(d)]; implements, books, and tools of trade up to $1,500 [38-10-4(f)]; health aids, unlimited amount [38-10-4(i)]; wrongful death recoveries, amount needed for support [38-10-4(k)(2)]; personal injury recoveries up to $15,000, but not for pain and suffering [38-10-4(k)(4)]; lost future earnings payments, amount needed for support [38-10-4(k)(5)]
Insurance / Annuities: Fraternal society benefits, unlimited amount [33-23-21]; group life insurance policy or proceeds, unlimited amount [33-6-28]; health or disability benefits, unlimited amount [38-10-4(j)(3)]; life insurance proceeds, unlimited amount [38-10-4(k)(3)]; unmatured life insurance policy, unlimited amount, but up to $8,000 if debtor is the insured or benefits a debtor [38-10-4(g) and (h)]
Pensions / Retirement Plans: Public employees, unlimited amount [5-10-46]; retirement benefits, amount needed for support [38-10-4(j)(5)]; teachers, unlimited amount [18-7A-30]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [38-10-4(j)(1)]; workers' compensation, unlimited amount [23-4-18]; general assistance, aid to blind, aged, disabled and families with dependent children [9-5-1]; crime victims' compensation, unlimited amount [14-2A-24 and 38-10-4(k)(1)]; social security, unlimited amount [38-10-4(j)(1)]; veterans' benefits, unlimited amount [38-10-4(j)(2)]
Wages: 50% of earned but unpaid wages [38-5A-3]
Miscellaneous: Alimony and child support, amount needed for support [38-10-4(j)(4)]; prepaid tuition trust fund payments, unlimited amt [38-10-4(k)(6)]; any property up to $800 plus any unused amount of real estate or burial exemption [38-10-4(e)]
