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Wage Garnishment

W. Va. Code § 38-5A-3 and W. Va. Code § 46A-2-130 — twenty percent of take home pay at most, and only after a judgment

A creditor with a judgment may apply for a suggestee execution against wages, which becomes a lien on wages due within one year after it issues.

  • W. Va. Code § 38-5A-3
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Twenty percent at most. The levy reaches twenty percent of the wages and no more, and only where the weekly pay after taxes exceeds fifty times the federal minimum hourly wage.

  • W. Va. Code § 38-5A-3

For a judgment from a consumer credit sale or loan, the garnishment may not exceed the lesser of twenty percent of disposable earnings or the amount above fifty times the federal minimum hourly wage.

A consumer whose wages are garnished may petition the court to reduce the amount. A particular garnishment is a question for a licensed West Virginia attorney.

Sources for this section (2)
  1. W. Va. Code § 38-5A-3 — Application for suggestee execution against salary or wages
  2. W. Va. Code § 46A-2-130 — Limitation on garnishment

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.

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