West Virginia Laws on Wage Garnishments, Statute of Limitations on Debt, and Bankruptcy Property Exemptions
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 yearsDomestic Judgment: 10 years Foreign Judgment: 10 yearsBAD CHECK LAW DAMAGES: Amount of check plus service charge up to $10
WEST VIRGINIA BANKRUPTCY PROPERTY EXEMPTIONS (West Virginia Code):
Can use either the state exemptions below or the federal exemptions
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]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
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)]
