West Virginia Credit Laws

(Contract rate prevails. Contract rate can vary between 18% and 31% max) - Judgment 10%

Commissioner of Banking issues rates for real estate loans, and, may establish maximum general usury limit based on market rates

Open Acct: 5 - Written Contract 10 - Domestic Judgment 10 - Foreign Judgment 10

Amount due, service charge up to $10. If check is under $500.00 = misdemeanor. Over $500.00 = felony.

See West VA code 38-5A-3-Employees with hold 20% of disposable income or 30x the minimum hourly rate, whichever is less. Other exemptions apply.

No debt collector shall use any fraudulent, deceptive or misleading representation or means to collect or attempt to collect claims or to obtain information concerning consumers. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:

(1) Any representation that an existing obligation of the consumer may be increased by the addition of attorney’s fees, investigation fees, services fees or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation; and

(2) Any false representation or false impression about the status or true nature of or the services rendered by the debt collector or his business. 

No debt collector shall use unfair or unconscionable means to collect or attempt to collect any claim. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:  (a) The collection or the attempt to collect from the consumer all or any part of the debt collector’s fee or charge for services rendered: Provided, That attorney’s fees, court costs and other reasonable collection costs and charges necessary for the collection of any amount due upon delinquent educational loans made by any institution of higher education within this state may be recovered when the terms of the obligation so provides. Recovery of attorney’s fees and collection costs may not exceed thirty-three and one-third percent of the amount due and owing to any such obligation: Provided, however, That nothing contained in this subsection shall be construed to limit or prohibit any institution of higher education from paying additional attorney fees and collection costs as long as such additional attorney fees and collection costs do not exceed an amount equal to five percent of the amount of the debt actually recovered and such additional attorney fees and collection costs are deducted or paid from the amount of the debt recovered for the institution or paid from other funds available to the institution;

(b) The collection of or the attempt to collect any interest or other charge, fee or expense incidental to the principal obligation unless that such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and by statute.