Debt Collectors
W. Va. Code § 46A-2-125 — no threats, no abuse, no more than thirty calls a week, and a penalty of $1,000 a violation
- Threaten violence, or to accuse someone of a crime.
- Threaten arrest, or garnishment without saying a court order is needed first.
- Use profane or obscene language.
- Call more than thirty times a week, talk more than ten times a week, or call at inconvenient times with intent to annoy.
- Collect the collector's own fee from the consumer.
Those are things a debt collector may not do. Without knowing otherwise, a collector assumes the convenient time to call is after eight in the morning and before nine at night.
$1,000 a violation. A consumer may recover actual damages and a penalty of $1,000 per violation, capped at the greater of $175,000 or the debt.
A creditor that finds and corrects its own error before a suit or written notice may avoid the penalty. A particular claim is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 46A-2-124 — Debt collection: threats or coercion
- W. Va. Code § 46A-2-125 — Debt collection: oppression and abuse
- W. Va. Code § 46A-2-128 — Debt collection: unfair or unconscionable means
- W. Va. Code § 46A-5-101 — Effect of violations on rights of parties; limitation of actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.