The Right To Cure
W. Va. Code § 46A-2-106 — ten days after notice to catch up before acceleration or repossession
Once a consumer has been in default for five days on a scheduled payment, the creditor may send a written notice of the right to cure, naming the amount and the date it must be paid.
Ten days. The creditor may not accelerate the balance, sue, or take the collateral until ten days after that notice. Until then, paying the past due amount plus any delinquency charges cures the default, as if it never happened.
A consumer who has defaulted three or more times on the same obligation, with notice each time, loses the right to cure. A particular loan is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 46A-2-106 — Notice of consumer's right to cure default; cure; acceleration
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.