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How to Answer a Summons for Debt Collection in West Virginia (2024 Guide)

Hannah Locklear | June 26, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: If you're being sued for debt in West Virginia, you have 20 days to respond with a written Answer. In your Answer, you should respond to each claim against you and assert your affirmative defenses. Then, be sure to file the document with the court and send a copy to the opposing attorney. SoloSuit can help you with all these steps and more.

It's fair to say that life today is already pretty stressful. Finding out that you're being sued for debt collection may feel like more than you can handle on top of everything else.

If you're already struggling to make ends meet, chances are there isn't any extra money available to hire an attorney. It can be intimidating to think about responding on your own and all too tempting to just ignore it altogether. Ignoring it, however, won't make it go away. All that does is guarantee that you will lose the case.

Responding to a debt collection lawsuit in West Virginia on your own doesn't have to be scary or overwhelming. In this article, we will walk you through the process and hopefully make it a little easier. This article will include information specific to West Virginia, including state-specific deadlines, forms, and laws.

Respond to a Summons in West Virginia.

Sued for debt in West Virginia? SoloSuit can help you file an Answer into your case before the 20-day deadline.

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Table of Contents

Respond to the lawsuit before the West Virginia deadline

You have 20 days to respond to a debt collection lawsuit in West Virginia. The clock starts on this legal action as of the filing date on the Summons and Complaint that you receive. It's your responsibility to respond to the lawsuit before the deadline.

Need more assurance? Here's what the law specifically states, as outlined in West Virginia's Rules of Civil of Procedure Rule 12(a)(1):

"A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant was served."

A debt collection lawsuit begins when the plaintiff (the party trying to collect the debt) files and serves a Summons and Complaint against the defendant (the person being sued.) In most debt collection lawsuits, the plaintiff is your creditor or a third-party debt collection company who purchased the debt from your original creditor, like NCC debt collection. If you’re being sued for debt, you are the defendant in the case.

It is very important to make sure that your response is filed in the Court before this deadline expires. If you fail to respond before the deadline, the plaintiff will ask the Court for a default judgment.

With a default judgment, creditors and debt collectors are entitled to use legal methods to collect the debt from you. This means you've lost your opportunity to refute any of the allegations they claimed against you (such as the amount of the debt or the opportunity to agree to a payment plan) and that they can use this court order to garnish your wages.

With a wage-order garnishment they can take money out of your paycheck before you even see it. A garnishment can also allow debt collection from your West Virginia state tax return, either instead of or in addition to your paycheck. Chances are high that this will result in a worse financial situation than where you started.

Obviously we want to avoid this scenario. The single best thing you can do to protect yourself in a debt collection lawsuit is to make certain that you file a response before the 20-day deadline expires. In this article, we will walk you through exactly how to do it.

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West Virginia Answer to Summons Forms

You can use the SoloSuit Answer form to respond to your West Virginia debt collection lawsuit. After you answer a few online questions about your situation, SoloSuit’s software translates your answers into the proper legalese and format to file with the court on your behalf.

Alternatively, you can use the Magistrate Court Answer form if you prefer to fill out your Answer alone and your case is in Magistrate Court. The Magistrate Court has jurisdiction over civil cases like debt collection where the financial amount in dispute is less than ten-thousand dollars. If the debt exceeds ten-thousand dollars, your case will be filed in Circuit Court. The West Virginia Circuit Court, unfortunately, does not offer an online form, so you will need to draft and format your own response according to local court rules, which we will go over below.

Luckily, as the defendant, figuring out which court is appropriate for your case isn't something that you need to determine. That responsibility is on the filing party, the plaintiff. This means that, in terms of your response, you can simply rely on the court information already listed in your Summons and Complaint.

Answer filing fees for West Virginia

Good news! West Virginia courts do not charge a fee to file an Answer to a debt lawsuit. That being said, there may be fees to file other types of documents of legal actions into a case. You can check for other court filing fees here: West Virginia Court Fees.

Use these steps to respond to a debt collection lawsuit in West Virginia

As discussed above, a West Virginia debt collection lawsuit begins when the plaintiff files a Summons and Complaint against you. As the defendant, you must respond to the lawsuit before the deadline, which is 20 days in West Virginia.

To respond to your debt lawsuit in West Virginia, you need to file a written Answer. Follow these three steps:

  1. Answer each issue listed in the Complaint.
  2. Assert affirmative defenses.
  3. File your Answer with the court, and send a copy to the plaintiff’s attorney.

We will go over each step in the process in detail below. You can also check out this video to learn more:

1. Answer each issue listed in the Complaint

The Complaint document lists the specific allegations against you. To properly answer the Complaint, you need to address each and every separate issue listed in corresponding order.

If your case is in Magistrate Court you can continue with the online form. The online Answer form provided by the West Virginia Court system consolidates your responses into one of three check-boxes; admitting the matters set forth in the complaint, denying the matters set forth in the complaint, or admitting in part and denying in part the matters set forth in the complaint. It's most likely that you would check the third box, as some information, if correct, can be admitted to easily (like name or account number) and other allegations (such as the amount of the debt) may be contested.

If your case is in Circuit Court you will need to draft your own Answer to respond to each numbered paragraph in the Complaint separately. You should respond to each paragraph in one of the following three ways:

  • Admit
  • Deny
  • Deny due to lack of knowledge

SoloSuit makes it easy to respond the right way.

You should be certain that your responses are numbered the same as the allegations against you, for easy reference. The third response is appropriate for matters you cannot independently verify, such as incorporation information about the plaintiff's company.

2. Assert affirmative defenses

In your Answer you can also assert any relevant affirmative defenses. An affirmative defense is any reason that you can state which shows that the plaintiff doesn't have a case. Feel free to include each and every affirmative defense that applies to your situation.

If you are using the online form you can check the box next to “raising defense(s) explained below” and use the additional space to flesh out your defense. If you are in Circuit Court you can set for all affirmative defenses following your responses to the allegations in the Complaint.

With SoloSuit you can make the right affirmative defenses the right way.

Some of the more common affirmative defenses are briefly discussed below, but this is not an exhaustive list.

  • Payment: If you can prove that you already paid the debt then that should end the lawsuit immediately.
  • Accord and satisfaction: If you came to an agreement with the creditor to pay a lesser amount to satisfy the debt in full satisfaction, they, or an entity on their behalf cannot continue to try to collect. Here you can reference and attach any supporting documentation such as bank records showing a cashed check or online payment, or any correspondence between you and the creditor regarding a lower payment.
  • The debt was already discharged in a bankruptcy. If you have an order of discharge from a previous bankruptcy which included this debt, then the plaintiff cannot try to collect it through the Court.
  • Statute of limitations has expired. A statute of limitations is a law that sets a deadline for legal action. We will discuss the West Virginia statute of limitations on debt collection in more detail later in this article.

Beyond affirmative defenses you can also assert counterclaims against the plaintiff. There is a section for this in the online form as well. This is most appropriate if they are violating West Virginia debt collection laws. West Virginia follows the federal Fair Debt Collection Practices Act and goes beyond it with its own fair debt collections practices act in West Virginia, called the West Virginia Consumer Credit and Protection Act (WVCCPA.)

The WVCCPA allows consumers to make the debt collector pay for their reasonable attorney fees and court costs, and could even force criminal charges for willful violation. Please keep in mind that credit harassment allegations can get very complicated and would be best handled by an attorney. Additionally (or alternatively) you can take the opportunity to file a complaint against a debt collection company here with the West Virginia Attorney General complaint form.

3. File your Answer with the court, and send a copy to the plaintiff’s attorney

Your final step is to print out and file your response with the Court. Make sure to file your Answer with the Court within the 20 day timeframe.

Here's all you need to do to file your answer.

  • Print at least two copies of your Answer
  • Mail one copy to the court
  • Mail the other copy to the plaintiff's attorney

If possible, print an extra copy for your own records. If you're using the Magistrate Court's online form make sure to fill out the “Certificate of Service” portion at the end of the form.

SoloSuit can help you draft and file an Answer in West Virginia and any other state.

>>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.)

Settle debt in West Virginia

Debt collectors often agree to settle debt in West Virginia if they have bought it at a discount from the original creditor. They may also agree that if you convince them you cannot pay the full amount or you send SoloSuit’s Answer, they may lose the case. An original creditor will settle for a higher amount, around 60–80% of the original debt, while some third-party debt collectors may take a lower amount, sometimes up to 30–50%. The following are the steps to take when you want to settle with a debt collector who sued you:

  1. Respond to the lawsuit with an Answer: You do not want to risk the debt collector receiving a default judgment by failing to send an Answer before the deadline (20 days). The Answer helps you tell your side of the story and may lead to the case being dismissed or the judge ruling in your favor. In the Complaint document, you must deny, admit, or deny for lack of knowledge each of the allegations the creditor has listed against you. The next section lets you explain your situation and state why you are not responsible for the debt or should not pay.

  2. Start the negotiation process: Once you confirm the court and the creditor has received the answer, you can approach the creditor to settle the debt. Send a debt settlement letter where you outline your reasons for not being able to pay the full amount and quote the percentage you have. As you negotiate, be ready to make a lump sum payment. The creditor may respond with a counteroffer if your explanations convince them or they are desperate to close the account.

  3. Put everything in writing: Any legal encounter should always end with parties signing an agreement, settlement deals included. You may be taken off guard weeks or months later when the same debt collector contacts you again for the debt you settled if you do not have it written and signed.

The best debt settlement helper to work with is SoloSettle because of its unique process compared to other debt settlement companies, which allows you to remain in charge of the entire negotiation process and never have to interact directly with the lawyer suing.

Looking for tips on how to negotiate debt settlement on your own? We've got you covered. We interviewed a licensed attorney, John Skiba, and asked for the best tactics and methods to use when negotiating with debt collectors and creditors. Watch the full interview in the video below:

Statute of Limitations on Debt in West Virginia

The statute of limitations sets a deadline for debt collectors to sue over a debt. Each state has different statutes, but in West Virginia, the statute of limitations on debt is ten years, generally. More specifically, W.V. Code § 55-2-6 states:

"Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator or guardian, curator, committee, sheriff or deputy sheriff, clerk or deputy clerk, or any other fiduciary or public officer, within ten years; if it be upon any other contract in writing under seal, within ten years; if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years; and if it be upon any other contract, express or implied, within five years, unless it be an action by one party against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade or merchandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after."

In other words, the West Virginia statute of limitations on debt is ten years. This means that statute of limitations on credit card debt, mortgage debt, student loan debt, etc. is ten years in West Virginia. Express or implied contracts, however, have a statute of limitations of five years in West Virginia

Once the applicable period has passed in the West Virginia statute of limitations on debt collection the creditor can no longer pursue collection efforts against you through the legal system. The table below further outlines the statute of limitations on different types of debt in West Virginia.

Statute of Limitations on Debt in West Virginia
Debt Type Deadline
Oral contract 5 years
Open contract 5 years
Auto Loan 10 years
Mortgage 10 years
Written contract 10 years
Credit card 10 years
Medical 10 years
Judgment 10 years
Findlaw

Beyond the statute of limitations, West Virginia's debt collection laws exist to ensure fair treatment in all debt collection conversations and practices.

Debt collection laws in West Virginia

West Virginia protects its consumers from unscrupulous debt collectors under the West Virginia Code and the Fair Debt Collection Practices Act. The laws outlined come with penalties that put the debt collector at risk of losing their license or receiving huge fines if a class action ensues. WV Code §46A-2-127 states that creditors should not mislead, deceive, or perform fraudulent activities when attempting to collect a debt. For instance, a debt collector should not:

  • Fail to reveal their name even if they give their company’s name
  • Falsify information about themselves or your debt
  • Threaten to increase your overall debt by adding investigation, attorney, or service fees
  • Making false claims about you during a court hearing

Section 15 USC §14V,1692c is specific to how debt collectors should communicate with you. It states that they should not call you countless times a day for the same debt, leave endless voicemails or emails, contact you without properly responding to your Debt Validation Letter, and tell someone else about your debt. The FDCPA supports the provision in the West Virginia Code, and you can use all these West Virginia debt collection laws when you want to take action against a debt collector.

The garnishment laws found in Section §46A-2-130 monitor, control, and limit the extent to which a debt collector can go when permitted to garnish your wages. For example, they can only take 20% of your earnings or the amount that surpasses 50 times the minimum wage ($7.25). West Virginia does not prioritize wage garnishment for debt compared to other garnishment orders such as child or spousal support. You can object to the garnishment if you remain with very little after the other orders are cut.

Statute of limitation laws also ensure debt collectors do not sue you for a debt without a time limit. If you have an old debt, you must check if the debt has expired. If so, the creditor can only use other methods to collect without the option of going to court. The statute of limitation for debt in West Virginia is ten years for written contracts. The debts that qualify here are medical bills, auto loans, mortgages, credit card debt, and personal loans. Use the statute of limitation as your affirmative defense when responding to a debt collection lawsuit.

How to get debt relief in West Virginia

West Virginians can use diverse methods to resolve their debts. West Virginia debt relief programs support consumers in meeting their basic needs, allowing them to keep their money to pay off debt. Whichever method you choose, the important thing is that you begin the process of reducing your debts and regaining your financial well-being. Below, we discuss several debt relief options:

  • Government-approved credit counselor: A credit counselor helps consumers get their finances back in order. They educate consumers on how to budget and plan their finances, analyze their debts, and work with you on a plan to pay them off. They also talk to the creditor to adjust the repayment plan, reduce the interest rate, or waive fees. Do thorough research as you look for a credit counseling agency. Some are known to scam debtors. Check the list of banned agencies here and look for those approved in West Virginia.

  • Debt settlement: Settling your debt enables you to clear debt for less than you owe. It is an excellent debt relief method if you genuinely lack the entire amount to pay but have some money saved. Third-party debt collectors often agree to debt settlement, especially on debts they have bought for pennies on a dollar from original creditors.

  • Debt consolidation: Sometimes, debt relief comes from reorganizing your debts and reducing the time and resources you use to keep them updated. Consolidating your debt deals with this challenge because it entails taking a loan to pay off the multiple debts you have and remaining with a single debt to pay. However, you must choose a loan with a better interest rate or repayment plan than the other debts.

  • File for bankruptcy: Use this as the last resort if you cannot get debt relief from the other methods available in Wyoming. Choose a Chapter 7 bankruptcy or Chapter 13 bankruptcy, depending on your financial situation. Bankruptcy causes your credit score to plummet and will remain in your report for ten years.

Some West Virginia debt relief and financial assistance programs to explore that help individuals and families with everyday necessities are:

Another way to find debt relief in West Viriginia is through filing an exemption from wage garnishment. Keep reading to learn more.

Stop wage garnishment in West Virginia

An impending wage garnishment order can cause sleepless nights because you may wonder how you will stay afloat if they take a portion of your wages. You still have a few options you can explore to stop the wage garnishment. For the process to be legal, the debt collector should have won the debt collection case, applied for a Writ of Garnishment, and given the garnishment order. Next, they must serve you and your employer with a notice of garnishment before it begins. Examples of ways to stop wage garnishment in West Virginia are:

  • Object to the garnishment: This is done by filing the objection with the court that gave the order. You should state the reason for your position and ensure you have evidence you can present when the court sets a hearing date. Reasons you can use include you already paid the debt, you had agreed on a new payment plan with the creditor, the garnishment calculation is incorrect, and the creditor did not follow proper legal procedure. Check WV Code §46A-2-130(3), which further details the ground for objection and how to go about it.

  • File for exemption: West Virginia allows you to protect a portion of your earnings from garnishment if it falls under the government or state-protected income. For example, veteran benefits, workers’ compensation benefits, public assistance, and disability benefits. You can also file for exemption if you are the head of the household and you cannot afford the necessities if the garnishment order continues.

  • Offer to settle: If you have some money saved or are about to receive a gift or inheritance, you can use this to settle the debt and stop the garnishment order. The creditor will likely agree if you promise to make a lump sum payment. They may not be willing to let you have a remaining balance and risk you defaulting again.

  • File for bankruptcy: If you have no backup or any financial means to survive the garnishment, you can file for bankruptcy, which will eventually stop all debt collection efforts, including wage garnishment. However, your credit score will take a deep dive, and the entry will remain in your report for ten years.

Remember to always respond to a lawsuit letter you receive to avoid getting to this point in the collection process with your other debts.

West Virginia court case search — find your lawsuit

Court case records in West Virginia are available to the public apart from a few select cases that involve minors, abuse-related cases, and adoptions. You can access docket information online, but to get copies of the actual records, you must visit the courthouse and pay a small fee for copies. Let's look at the court structure before we break down how to access your case files.

  • Supreme Court of Appeals: The highest court in the state. It listens to appeals from the lower courts
  • Circuit Court: Hears civil cases of more than $7,500 and appeals from the Magistrate Court
  • Magistrate court: Presides over civil cases up to $7,500 and small claims cases up to $5,000

Your case is likely in your county’s Magistrate Court under the Small Claims Division. You do not need a lawyer to represent you, but you must send a powerful Answer to improve your chances of winning the case. Learn more about responding to an active debt collection lawsuit in the following video.

To check the status of your case in West Virginia, you must provide at least two of the following information that will simplify the process of accessing your case:

  • Case number: This number is assigned to every case filed in any court. It is the most efficient way of finding your case files. The lawsuit probably has the number indicated, but you can also find it by submitting your name to the court clerk in person or via a call, and they will find it for you. Online access is also available for cases in the Magistrate Court.
  • Case type: Small claims cases fall under the civil case type.
  • Party name: These are the names of the plaintiff and defendant. You will be recorded as the defendant if the creditor sues you.
  • Business name: If you are sued by a business, entering their company name can also give you the case information you need.
  • Filing date: Knowing the exact date the creditor filed your case narrows down the search further and ensures you get the files within the shortest time possible.

West Virginia still doesn't have online access to complete case records online. The most you can find is the docket information. This information includes the parties involved, the date of the hearing, a summary of the charges, the presiding judge, and the courtroom number. Find this information by entering your details in the Magistrate Court Online portal. To get copies of the case, you must visit the courthouse, give your details to the court clerk, and pay a small fee to receive the copies.

All states have legal aid organizations, some of which are government-funded, to assist residents who cannot otherwise afford legal assistance. There are links below to some of these organizations in West Virginia:

West Virginia Court Locations

Need help finding your courthouse? Use this map of West Virginia Court Locations to find your court's address, clerk information, and more. Just click on your county of residence.

If you're ready to draft and file an Answer to your debt lawsuit in West Virginia, find your local court below to get started.

Key Takeaways

So, in short, here's the review on how to answer a summons for debt collection in West Virginia.

Make certain you know the deadline and complete the process before it expires. West Virginia debt collection regulations allow 20 days to file your response.

Make certain you are using the proper West Virginia Answer form/format, or SoloSuit.com, to draft your response. When you fill out the form complete the following three steps:

  1. Answer each issue in the complaint.
  2. Assert any and all of your affirmative defenses.
  3. File and serve the Answer with the Court and the plaintiff's attorney.

Good Luck!

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