Wage garnishment in West Virginia

Most a card or medical judgment can take

20% of after-tax paysource

Pay you always keep

$362.50 a week after taxes (50 x $7.25)source

How long one wage garnishment lasts

One year from when it is issuedsource

Bank accounts

No automatic state amount; about $1,100 if you claim itsource

West Virginia wage garnishment limits

Two rules work together under West Virginia Code 38-5A-3. The creditor can never take more than 20% of your pay after state and federal taxes. And after the cut, you must still have at least 50 times the federal minimum hourly wage each week, which is $362.50.

The Legal Aid of West Virginia wage garnishment guide walks through the math:

• $400 a week after taxes: 20% would leave too little, so only the $37.50 above the floor can go.
• $500 a week after taxes: the full 20%, $100, can be taken.
• $362.50 or less: nothing can be taken.

The floor uses the federal $7.25 rate, not the $8.75 state rate shown on the U.S. Department of Labor state table. Salary and commission pay get the same protection as hourly wages.

What a suggestee execution is

The legal name for a paycheck garnishment in this state is a suggestee execution. A creditor that already won a judgment applies to the court without telling you first. It has to swear that you work for a certain employer and that your after-tax pay is above the $362.50 floor. If it is not, the court cannot issue the order.

Legal aid says the court must mail you a copy at least five days before the order is sent to your employer. That copy goes to the address in the old court file, so if you have moved you may first learn of it from a short paycheck. The order is a continuing levy for one year. Only one runs at a time and a later creditor waits in line until the first is paid. A creditor still owed money after 12 months can file a new one.

How to reduce or stop a garnishment in West Virginia

If your employer is taking more than 20% or leaving you under $362.50 a week, go to the clerk of the court that issued the order. Bring pay stubs that show your wages and tax deductions, ask for a copy of the order and file a motion to modify it. Legal aid notes the employer sends the withheld money to the creditor every 90 days, so quick action can catch an overpayment before it leaves.

There is a second tool for debts from a consumer credit sale, consumer lease or consumer loan. West Virginia Code 46A-2-130 lets you petition the court at any time to reduce the garnishment or remove it for a while or for good, because it causes undue hardship to you or your family. You must prove the hardship. Call and a garnishment specialist goes over the order and your options with you.

Can my bank account be garnished in West Virginia?

Yes. A judgment creditor can send your bank a writ of execution or a suggestion and the bank freezes the account. The Legal Aid of West Virginia bank account guide explains that Social Security, SSI and VA benefits directly deposited in the last two months are protected without any action from you.

Everything else needs a claim. West Virginia does not hold back a set dollar amount on its own, but it lets you protect about $1,100 on deposit from any source if you file exemption papers with the court. Older benefit deposits, unemployment and TANF also need a filing. Once wages land in your account, they lose the paycheck limits, so keeping benefits in a separate account helps.