Sued in West Virginia? You may have only 20 days to answer
Magistrate court: 20 days. Magistrate court, an agent accepted service for you: 30 days. Circuit court: 30 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in West Virginia
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
West Virginia guides by topic
How to answer in West Virginia
Your deadline by court, the official form, fees and defenses.
Default judgment in West Virginia
What a default means and how to set it aside, with a calculator.
After a judgment in West Virginia
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in West Virginia
Magistrate Court
Civil cases up to $20,000, not counting interest and costs. House Bill 2761 raised the limit to $20,000 effective July 7, 2025.
Law: W. Va. Code § 50-2-1
Circuit Court
Debt suits over $20,000, and magistrate cases removed or appealed.
Law: W. Va. Code § 50-2-1; W. Va. R. Civ. P. 12
How to answer in West Virginia
- How to answer
Magistrate court: file the answer with the magistrate clerk and give a copy to the plaintiff by first-class mail or in person. You can admit, deny, or admit part; if you deny any part, a trial is scheduled. Circuit court: serve a written answer with a civil case information statement and file it with the circuit clerk.
- Official answer form
- Answer (SCA-M225), magistrate court
- Fee to answer
The magistrate court information sheet says no fee is required to file a counterclaim with your answer, and lists no answer fee.
- If you can't pay the fees
Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security (SCA-C&M201): https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf
- How you must be served
In magistrate court, the summons and complaint are served the same way as in circuit court, under Rule 4 of the Rules of Civil Procedure.
Law: W. Va. Magistrate Court Civil Rule 3; W. Va. R. Civ. P. 4
Law: W. Va. Magistrate Court Civil Rule 4; W. Va. R. Civ. P. 12(a)(1)(A); Information Sheet SCA-MI 401NP
Defenses to know in West Virginia
- Defenses in West Virginia law
Signed written contracts have a 10-year limit and other contracts 5 years. A debt collector must tell you in writing if a debt is too old to sue on. If your answer raises lack of jurisdiction, bad service or failure to state a claim, you can ask for a pretrial hearing in magistrate court.
Law: W. Va. Code § 55-2-6; W. Va. Code § 46A-2-128(f); Magistrate Court Civil Rule 11(b)
- Time limit to sue (written contract)
- 10 years · More on old debts at Debt Collector Map
If you missed the deadline in West Virginia
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Magistrate court: if you do not answer in time, the plaintiff can file an affidavit 21 days after service (31 days if served on an agent) and get a default judgment. If the plaintiff does not seek a default judgment within 6 months of service, the case is dismissed without prejudice. Circuit court: the clerk enters default and the plaintiff asks for judgment.
- How to set it aside (cancel it)
Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause. This 20-day limit is not extended unless the judgment was by default and service or notice of trial was insufficient. You can also appeal to circuit court within 20 days after judgment (or within 20 days after a motion to set aside is denied); if you miss that, the circuit court may still allow an appeal within 90 days of the judgment for good cause. Circuit court: a default judgment can be set aside under Rule 60(b): within 1 year for mistake, unavoidable cause, excusable neglect, new evidence or fraud; within a reasonable time if void.
Law: W. Va. Magistrate Court Civil Rules 10, 17, 18, 20(c); W. Va. R. Civ. P. 55(c), 60(b), 60(c); Information Sheet SCA-MI 401NP
Count your deadline to set aside a default
If there is a judgment in West Virginia
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
Simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not less than 4% or more than 9% a year. The Supreme Court's administrative office announces the rate each year, and it stays fixed for that judgment.
- How long it lasts
The creditor can issue execution within 10 years after the judgment. Each new execution issued within 10 years of the last one's return day keeps it alive for another 10 years.
Law: W. Va. Code §§ 56-6-31(a), (c), 38-3-18(a)
Garnishment, bank levy and exemptions in West Virginia
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Stricter than federal law. A suggestee execution can take no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50).
Law: W. Va. Code § 38-5A-3
- Bank levy (freezing and taking money in your bank account)
The creditor files a suggestion naming your bank, and the bank must answer in writing under oath. Enforcement papers cannot issue until 20 days after the magistrate judgment. $1,100 in a federally insured bank or credit union account is exempt, within the $15,000 total personal property exemption.
Law: W. Va. Code § 38-8-1(a)(4)
- How to claim an exemption
Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it. For a suggestion on your bank account, deliver the original and one copy to the court clerk and ask for a certificate of exemption to release the money. For a writ of execution on your property, deliver it to the sheriff. The creditor may ask for an appraisal if it disagrees.
Law: W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: West Virginia
Count your deadline to claim an exemption
Free help in West Virginia
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in West Virginia's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in West Virginia
- Magistrate courts hear cases up to $20,000 since July 7, 2025 (W. Va. Code § 50-2-1, 2025 HB 2761).
- You have only 20 days to answer in magistrate court, and 20 days after judgment to ask to set it aside or appeal (Magistrate Court Civil Rules 4, 17, 18).
- Post-judgment interest is capped at 9% and cannot be below 4% (W. Va. Code § 56-6-31).
Changes in 2024–2026
House Bill 2761 (passed April 8, 2025, in effect July 7, 2025) raised the magistrate court civil limit to $20,000.
Law: W. Va. Code § 50-2-1
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in West Virginia
How long do I have to answer a debt lawsuit in West Virginia?
Magistrate court: 20 days after you are served (30 days if an agent or attorney-in-fact accepted service for you). Circuit court: 30 days after you are served.
How do I answer a debt lawsuit in West Virginia?
Magistrate court: file the answer with the magistrate clerk and give a copy to the plaintiff by first-class mail or in person. You can admit, deny, or admit part; if you deny any part, a trial is scheduled. Circuit court: serve a written answer with a civil case information statement and file it with the circuit clerk.
Is there an official answer form in West Virginia?
Answer (SCA-M225), magistrate court: https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/SCA-M225.pdf
Does it cost money to answer in West Virginia?
The magistrate court information sheet says no fee is required to file a counterclaim with your answer, and lists no answer fee.
What if I can't afford the court fees in West Virginia?
Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security (SCA-C&M201): https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/SCA-CM201.pdf
What happens if I don't answer in West Virginia?
Magistrate court: if you do not answer in time, the plaintiff can file an affidavit 21 days after service (31 days if served on an agent) and get a default judgment. If the plaintiff does not seek a default judgment within 6 months of service, the case is dismissed without prejudice. Circuit court: the clerk enters default and the plaintiff asks for judgment.
Can I cancel a default judgment in West Virginia?
Magistrate court: file a motion to set aside the judgment within 20 days after it is entered; for a default judgment, good cause can be excusable neglect or unavoidable cause. This 20-day limit is not extended unless the judgment was by default and service or notice of trial was insufficient. You can also appeal to circuit court within 20 days after judgment (or within 20 days after a motion to set aside is denied); if you miss that, the circuit court may still allow an appeal within 90 days of the judgment for good cause. Circuit court: a default judgment can be set aside under Rule 60(b): within 1 year for mistake, unavoidable cause, excusable neglect, new evidence or fraud; within a reasonable time if void.
How much interest does a judgment add in West Virginia?
Simple interest at 2 points above the Fifth Federal Reserve District secondary discount rate on January 2 of the year the judgment is entered, but not less than 4% or more than 9% a year. The Supreme Court's administrative office announces the rate each year, and it stays fixed for that judgment.
How long does a judgment last in West Virginia?
The creditor can issue execution within 10 years after the judgment. Each new execution issued within 10 years of the last one's return day keeps it alive for another 10 years.
Can my wages be garnished in West Virginia?
Stricter than federal law. A suggestee execution can take no more than 20% of your wages after taxes, and you must keep at least 50 times the federal minimum wage per week ($362.50).
Can a creditor take money from my bank account in West Virginia?
The creditor files a suggestion naming your bank, and the bank must answer in writing under oath. Enforcement papers cannot issue until 20 days after the magistrate judgment. $1,100 in a federally insured bank or credit union account is exempt, within the $15,000 total personal property exemption.
How do I claim an exemption in West Virginia?
Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it. For a suggestion on your bank account, deliver the original and one copy to the court clerk and ask for a certificate of exemption to release the money. For a writ of execution on your property, deliver it to the sheriff. The creditor may ask for an appraisal if it disagrees.
More help on our sister sites
Sources
- W. Va. Code § 50-2-1 (magistrate court jurisdiction)
- 2025 HB 2761 (enrolled, signed)
- Rules of Civil Procedure for the Magistrate Courts of West Virginia
- West Virginia Rules of Civil Procedure
- W. Va. Code § 56-6-31 (judgment interest)
- W. Va. Code § 38-3-18 (enforcing judgments, 10 years)
- W. Va. Code § 38-5-10 (suggestion)
- W. Va. Code § 38-8-3 (claiming exemptions)
- Answer (SCA-M225)
- Information Sheet: Civil Case Defendant (SCA-MI 401NP)
- Information Sheet: Enforcement of Civil Judgments (SCA-MI 600)
- Affidavit for Exemptions (SCA-C&M665)
- Fee waiver application (SCA-C&M201)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?