After a debt judgment in West Virginia: garnishment, bank levy, exemptions

How a creditor collects after a judgment, what the law protects, and how to claim it in time.

Checked against official sources: Oct 24, 2026.

Short answer

After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it.

How long it lasts
10 years
Interest after the judgment
See the rule
Exemption form
Official exemption form

Claiming what the law protects 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.

Law: W. Va. Code §§ 38-5-10, 38-8-1, 38-8-3; form SCA-C&M665; Information Sheet SCA-MI 600

Official exemption form

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Exemption claim cover letter

Interest and how long the judgment lasts in West Virginia

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)

Judgment interest and how long a judgment lasts, by state

Bank levies 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.

Law: W. Va. Code § 38-8-1(a)(4)

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

How much of your pay can be taken 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).

Law: W. Va. Code § 38-5A-3

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: West Virginia

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)

What to do now in West Virginia

  1. Open every letter

    Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.

  2. Find where your money comes from

    Proof of where the money came from, like award letters, wins exemption claims.

  3. Ask the court to protect your money

    In West Virginia: Fill out the Affidavit for Exemptions (SCA-C&M665), listing your property, values and liens, and swear to it.

  4. Show up at the hearing

    Bring your proof to the hearing if the creditor objects.

  5. Ask for free help

    Ask for free help: Legal Aid of West Virginia.

Free help in West Virginia

Questions about collection after a judgment in West Virginia

What is the judgment interest rate 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.

Can a judgment be renewed 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.

How much of my pay can be taken 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 my bank account be frozen 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 protect exempt money 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.

Related West Virginia pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources