West Virginia STATE LAW

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

tape recording

– One party state

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]

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)]