West Virginia Statute of Limitations on Debt Collection

The statute of limitations is an established rule that sets a time limit within which a creditor is able to sue you for payment of a debt. The amount of time that a creditor has to sue you is different for each state and if the time that is allowed by your state has passed, a creditor is unable to sue you for the debt. Before a consumer agrees to pay off their debt, they should check what the statute of limitations is for their state to ensure that the debt is still due and payable. In West Virginia:

• Unwritten and implied contracts: 5 years (W. Va. Code 55-2-6 (1923))
  • If the debtor makes an acknowledgment by a new promise, or voluntarily makes a partial payment on a debt, under circumstances that warrant a clear inference that the debtor recognizes the whole debt, the statute of limitations is revived and begins to run from the date of the new promise, (W. Va. Code §55 -2-8 )

If you want to get any more information or if you have questions about the Statute of Limitations in West Virginia, contact The Consumer Advocacy Center at 312-782-5808.