Stop Wage Garnishment in West Virginia

Dena Standley | July 12, 2023

Edited by Hannah Locklear

Experiencing wage garnishment can be devastating, especially if you already struggle with other debts or responsibilities. The garnishment can significantly reduce your take-home pay, making it harder to pay for necessities like rent, utilities, and groceries.

Excessive wage garnishment can have long-term consequences, such as damage to credit scores and difficulty obtaining a loan in the future. Additionally, it can create stress and anxiety for you, affecting your overall well-being.

Fortunately, Virginia provides ways to stop wage garnishment. You can object to the garnishment order, file a claim of exemption, negotiate a payment plan with the creditor, or file for bankruptcy. This article will explain these options. Before we dive into the discussion, let's look at West Virginia wage garnishment laws.

Avoid wage garnishment through debt settlement.

West Virginia wage garnishment laws

Wage garnishment laws in West Virginia are governed by state laws WV Code § 46A and federal laws 15 U.S. Code Subchapter II. Let's look at a few to show how West Virginia protects your rights.

According to WV Code §46A-2-130, the maximum amount a creditor can take through wage garnishment is 20% of your weekly disposable earnings or an amount that surpasses fifty times the federal minimum hourly rate ($7.25/hr).

Let’s look at an example of how West Virginia wage garnishment works to illustrate.

If you have multiple garnishments, West Virginia law prioritizes them in a specific order. Child or spousal support takes first place. Next, garnishments for taxes, federal student loans, and other crucial debts. Finally, consumer credit debts—based on the date served.

West Virginia law also protects consumers who are considered head of their household or providing more than half the support for a dependent. In such cases, the court may reduce the garnishment amount to ensure they can meet their basic living expenses.

In West Virginia, debt collectors must notify you of the amount of debt owed before a garnishment occurs. The notice should specify that you have the right to a hearing to dispute the debt or request a reduction in the garnishment amount.

Finally, WV Code § 46A-2-131 prohibits employers from retaliating against you for having your wages garnished. Consequently, an employer cannot terminate, demote, or discriminate against you because of a wage garnishment order.

With these regulations in mind, you can confidently attempt to stop wage garnishment in West Virginia. Let's look at how to do that.

Stop wage garnishment in West Virginia

To object to wage garnishment in West Virginia, you file a written objection with the court that issued the garnishment order. The objection should clearly state the reason for the request, and you must provide supporting documentation to back up your claim. Examples of reasons you can use include:

• The debt has already been paid.
• You’ve agreed on a new repayment plan with the creditor.
• Incorrect calculation of the garnishment amount. For instance, in Cindy’s case above, if the order comes with a $200 figure, she can object and state that it should not exceed $160 as per West Virginia's state law.
• The creditor failed to follow proper legal procedures.
• You are the head of the household and cannot afford the garnishment.
• Your debt qualifies for exemption (Social Security, disability, and workers' compensation benefits).

WV Code §46A-2-130(3) futher outlines how to object to wage garnishment. You should file a petition stating that the wage garnishment will cause undue hardship to you or your family. The court will consider and potentially reduce the garnishment amount.

File a Claim of Exemption

Filing a claim of exemption in West Virginia allows debtors to protect a portion of their income from garnishment. This provision ensures you are not subjected to unjust or unfair treatment. The following is the legal process you must follow to file a successful exemption claim:

1. Determine the exemption you qualify for. Examples include financial hardship, government-protected earnings, income below the federal poverty line, and inaccurate debt figures.
2. Complete a Claim of Exemption and a Financial Statement form.
3. File the documents with the court that issued the garnishment order.
4. Serve a copy of the forms to the creditor.
5. Attend a hearing and argue your position.
6. Await the court's decision that will either grant or deny your claim.

If the court grants your claim, the income in question will be exempt from garnishment, and the judge will reduce or eliminate the amount being garnished. If it denies your claim, you can appeal or use either of the two methods below.

Avoid wage garnishment through debt settlement

Debt settlement can help you prevent wage garnishment.

In a debt settlement, you offer your creditor a portion of the total amount due, usually at least 60% of the debt’s value. In exchange for a lump-sum payment, the creditor agrees to drop its legal claims against you and release you from the remaining balance.

A creditor often considers negotiating a debt settlement if you promise to make a lump-sum payment and clear the remaining amount within a short period. Because of this, debt settlement usually works best if you have some cash saved or expect to receive some money soon

Settling your debt helps you avoid a judgment and wage garnishment. You’ll save some money and move on from this challenging experience.

If you decide to settle your obligation, you’ll want to ensure you get the terms of your agreement in writing and pay the creditor before your court date. If you’ve never tried debt settlement before, consider working with a professional organization that will guide you through the process.

To learn more about how to settle a debt in West Virginia, check out this video:

SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.

File for bankruptcy

If none of the methods above have worked to stop the garnishment, consider filing for Chapter 7 or 13 bankruptcy. These options give you a fresh start, but it harms your credit score for ten years.

SoloSuit has helped thousands of debtors avoid bankruptcy by giving them helpful information and reliable documents to file with the debt collector and the court. Explore these resources today, and let us help you manage your debt situation.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court