West Virginia Debt Relief

Under West Virginia Credit Card Debt law a creditor has 5 years to file suit over unpaid Credit Card Debt. This time limit is called a Statute of Limitations (SOL). The expiration date of the SOL will not change, even if the debtor makes subsequent partial payments on the debt. Because of this, debtors may find themselves sued over debt that they are already paying. If a summons is received, an answer should be sent by certified mail within 20 days to avoid default judgment.

Judgment Enforcement

Creditors in West Virginia have 10 years to collect on a judgment and must file a writ of execution within that time to collect. Creditors may levy both real and personal property in order to satisfy the judgment. Interest is charged on the amount owed at 10% per year. The state allows residents to file for homestead exemptions up to $5,000. An additional $7,500 can be claimed when there is a "catastrophic illness or injury." Some personal property exemptions may also be allowed.

Wage attachments are limited to 20% of disposable income or the amount that exceeds 30 times the federal minimum wage, calculated after the deduction of federal and local taxes, whichever is less.

Debt Settlement

One way to avoid wage garnishments and property seizures is to consider Debt Settlement. Such agreements allow consumers to arrange for interest-free payments on the debt. This can help consumers pay back the debt with less financial pain and without the necessity of filing bankruptcy.