Judgment against me for a debt in West Virginia: what to do

Checked against official sources: Oct 25, 2026

In West Virginia:

Claim an exemption after a garnishment or bank levy
Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it.
How much of your pay can be taken
Stricter than federal law.
Do this now
Get a copy of the judgment from the court clerk, and note the date, the amount, any interest and costs, and the creditor's lawyer.

Make this letter for West Virginia →

General legal information, not legal advice. RobinClaim is not a law firm.

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Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for West Virginia

Do now

  1. Get a copy of the judgment from the court clerk, and note the date, the amount, any interest and costs, and the creditor's lawyer.

    Why: These show how much you owe now and when each deadline starts.

  2. If you didn't answer because you never got the papers or had a good reason, see the default judgment plan: there is a short deadline to ask the court to set it aside.

    Why: If the judgment is set aside, the case reopens and you can defend it.

  3. If you went to court and lost, ask the clerk right away about the deadline to appeal or to ask for a new trial.

    Why: These deadlines are short and count from the date of the judgment.

  4. If you agreed to the judgment, read the agreement again for the payment terms and what happens if a payment is late.

    Why: A judgment, even an agreed one, is a court order the creditor can enforce under its terms.

  5. Check your state's deadline to claim an exemption, and the deadline on the garnishment or levy notice, and mark it.

    Claim an exemption after a garnishment or bank levy

    West Virginia: Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it.

    Why: If you miss it, money the law protects can be paid to the creditor.

This week

  1. Read your state's rules below on wage garnishment, bank levies and exemptions.

    How much of your pay can be taken

    West Virginia: Stricter than federal law.

    Why: For an ordinary debt, federal law lets a creditor take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less, and many states protect more.

  2. File the claim of exemption with the court or officer named on the garnishment papers; see the wage garnishment plan.

    Why: You can ask to keep pay you need to support yourself and your family.

  3. File the claim of exemption for the money in the frozen account that the law protects; see the bank levy plan.

    Why: Exempt money must be released, but often only after you claim it.

  4. Tell your bank and the court that the account receives federal benefits. The bank must protect two months of directly deposited federal benefits automatically, and you can claim other protected benefit money.

    Why: Federal rules make banks protect up to two months of directly deposited federal benefits, and Social Security can't be garnished by a private creditor.

  5. If you can pay something, contact the creditor's lawyer about a payment plan or a lump-sum settlement, and get the agreement in writing before you pay.

    Why: A written agreement can stop or avoid a garnishment and proves what you agreed to.

If it's not resolved

  1. Keep records of every payment and every amount taken, and ask for a written payoff amount.

    Why: So you know when the judgment is paid and collection must stop.

  2. Note how long the judgment lasts in your state and whether it can be renewed.

    West Virginia: The creditor can issue execution within 10 years after the judgment.

    Why: A judgment may not go away on its own; creditors can often renew it.

  3. When the judgment is paid in full, ask the creditor's lawyer for written proof and ask the clerk how the court records that the judgment is paid.

    Why: The court record should show the debt is paid, so it doesn't come back later.

  4. If you have several judgments or can't cover basic needs, ask legal aid about bankruptcy.

    Why: A bankruptcy filing stops most garnishments and collection while the case is open.

Deadlines

Claim an exemption after a garnishment or bank levy

General rule: see state; the deadline is also printed on the notice

In West Virginia:

Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it. For a suggestion on your bank account, deliver the original and one copy to the court clerk and ask for a certificate of exemption to release the money. For a writ of execution on your property, deliver it to the sheriff. The creditor may ask for an appraisal if it disagrees.

Law: W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600 · checked Oct 2026 · Official source · From Debt Suit Map: West Virginia

How much of your pay can be taken

General rule: Federal: lesser of 25% of disposable earnings or the amount above 30 x federal minimum wage per week; state may protect more

In West Virginia:

Stricter than federal law. A suggestee execution can take no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50) (W. Va. Code § 38-5A-3).

Law: W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600 · checked Oct 2026 · Official source · From Debt Suit Map: West Virginia

Freezing a bank account

General rule: see state; two months of directly deposited federal benefits are protected automatically

In West Virginia:

The creditor files a suggestion naming your bank, and the bank must answer in writing under oath. Enforcement papers cannot issue until 20 days after the magistrate judgment. $1,100 in a federally insured bank or credit union account is exempt (W. Va. Code § 38-8-1(a)(4)), within the $15,000 total personal property exemption.

Law: W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600 · checked Oct 2026 · Official source · From Debt Suit Map: West Virginia

How long the judgment lasts

General rule: see state

In West Virginia:

The creditor can issue execution within 10 years after the judgment. Each new execution issued within 10 years of the last one's return day keeps it alive for another 10 years.

Law: W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a) · checked Oct 2026 · Official source · From Debt Suit Map: West Virginia

Interest on the judgment

General rule: see state

In West Virginia:

Simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not less than 4% or more than 9% a year. The Supreme Court's administrative office announces the rate each year, and it stays fixed for that judgment.

Law: W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a) · checked Oct 2026 · Official source · From Debt Suit Map: West Virginia

Key facts for West Virginia

Debt Suit Map

Time to answer a debt lawsuit
as few as 20 days
Shortest time to ask to cancel a default judgment
20 days
Official answer form
Yes, the court has one
How long a judgment lasts
10 years

Debt Suit Map: West Virginia · checked Oct 2026

Debt Collector Map

Time limit to sue on a debt
10 years (written contract), 5 years (open account)
Wage garnishment limit
Up to 20%
State license for collectors
Yes

Debt Collector Map: West Virginia · checked Oct 2026

Documents to gather

  • A copy of the judgment
  • Garnishment or bank levy notices and any exemption claim form
  • Recent pay stubs
  • Bank statements showing federal benefit deposits
  • Proof of household expenses (rent, utilities, child care)
  • Records of every payment you made

Where to go

Costs

Filing a claim of exemption is often free; ask the clerk. While the judgment is unpaid, interest and collection costs can keep adding up, at the rate your state sets.

Talk to a lawyer if

  • You never knew about the lawsuit
  • More than the legal limit is being taken
  • You can't pay for rent or food
  • You have more than one judgment
  • The creditor is trying to take your home or car

Free help

Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, default judgments, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some courts have free volunteer-lawyer programs or self-help centers for debt cases; ask the clerk.

Guides for your state

Guides for every state

Questions

Claim an exemption after a garnishment or bank levy in West Virginia: what is the rule?

Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it. For a suggestion on your bank account, deliver the original and one copy to the court clerk and ask for a certificate of exemption to release the money. For a writ of execution on your property, deliver it to the sheriff. The creditor may ask for an appraisal if it disagrees. (W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600)

How much of your pay can be taken in West Virginia: what is the rule?

Stricter than federal law. A suggestee execution can take no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50) (W. Va. Code § 38-5A-3). (W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600)

Freezing a bank account in West Virginia: what is the rule?

The creditor files a suggestion naming your bank, and the bank must answer in writing under oath. Enforcement papers cannot issue until 20 days after the magistrate judgment. $1,100 in a federally insured bank or credit union account is exempt (W. Va. Code § 38-8-1(a)(4)), within the $15,000 total personal property exemption. (W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600)

How long the judgment lasts in West Virginia: what is the rule?

The creditor can issue execution within 10 years after the judgment. Each new execution issued within 10 years of the last one's return day keeps it alive for another 10 years. (W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a))

Interest on the judgment in West Virginia: what is the rule?

Simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not less than 4% or more than 9% a year. The Supreme Court's administrative office announces the rate each year, and it stays fixed for that judgment. (W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a))

When should I talk to a lawyer?

You never knew about the lawsuit; More than the legal limit is being taken; You can't pay for rent or food; You have more than one judgment; The creditor is trying to take your home or car.

How much does it cost?

Filing a claim of exemption is often free; ask the clerk. While the judgment is unpaid, interest and collection costs can keep adding up, at the rate your state sets.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.