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List of collection agencies in West Virginia.
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Debt Collection Laws in West Virginia
- Fair Debt Collection Practices Act (FDCPA): Like all states, West Virginia is subject to the federal Fair Debt Collection Practices Act. The FDCPA applies to third-party debt collectors and prohibits them from using deceptive, abusive, or unfair practices when collecting a debt.
- West Virginia Consumer Credit and Protection Act: West Virginia has its own consumer protection law, called the West Virginia Consumer Credit and Protection Act. This law provides additional protections beyond the FDCPA and applies to both third-party debt collectors and original creditors. It includes provisions against harassment, misrepresentation, and unfair practices in debt collection.
- Statute of Limitations: As of 2021, the statute of limitations for written contracts in West Virginia is 10 years, and for open-ended accounts such as credit cards, it’s 5 years. Once this period has passed, debt collectors cannot sue to collect the debt. Note that acknowledging the debt or making a payment can restart the statute of limitations.
- Wage Garnishment: In West Virginia, if a creditor obtains a judgment against a debtor, they may be able to garnish wages. However, there are limits on how much can be garnished. Federal law limits garnishment to the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, and West Virginia generally follows these limits.
- Bank Account Levies and Property Liens: After obtaining a judgment, a creditor may seek to levy a debtor’s bank account or put a lien on property. However, West Virginia law provides certain exemptions that may protect a portion of the debtor’s assets.
- Communication with Debt Collectors: Under West Virginia law, debt collectors are subject to restrictions on their communication practices. For example, they cannot contact debtors at inconvenient times, harass them, or communicate with third parties about the debtor’s debt without permission.
- Exemptions: West Virginia law provides various exemptions to protect a debtor’s property from being seized to pay a judgment. This includes exemptions for homesteads, personal property, wages, and certain types of income such as social security and retirement benefits.
- Licensing and Bonding: As of 2021, debt collectors operating in West Virginia must be licensed and bonded.
Because laws can change and the information provided may no longer be accurate, it is important to consult a lawyer or legal aid organization to get the most current information and advice on dealing with debt collectors in West Virginia
If you buy Collection Letters service from a Collection Agency, you might have to pay an additional Sales Tax of 6% , applicable to all West Virginia businesses and residents.