West Virginia law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. The West Virginia wage garnishment laws (also called wage attachments) are even stricter than federal wage garnishment laws. For the most part, creditors with judgments can take only 20% of your wages. However, for a few types of debts, creditors can take more.
Read on to learn about wage garnishment law in West Virginia.
What Is a Wage Garnishment?
A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.
Different garnishment rules apply to different types of debt -- and there are legal limits on how much of your paycheck can be garnished.
To learn more about how wage garnishments work, how to object to a wage garnishment, and more, see our Wage Garnishment and Attachment topic.
When Can a Creditor Garnish Your Wages in West Virginia?
Most creditors cannot get a wage garnishment order until they have first obtained a court judgment stating that you owe the creditor money. For example, if you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages (unless they sue you and get a judgment).
However, there are a few exceptions to this rule. Your wages can be garnished without a court judgment for:
- unpaid income taxes
- court ordered child support
- child support arrears, and
- defaulted student loans.
Limits on Wage Garnishment in West Virginia
There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.
Federal law places limits on wage garnishment amounts. However, West Virginia imposes even stricter limits. This means that in West Virginia, the most that can be garnished from your wages is:
- 20% of your disposable earnings for that week, or
- the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage (currently $7.25/hour), whichever is less.
“Disposable earnings” are those wages left after your employer has made deductions required by law.
Example. You take home $400 a week after taxes. 20% of your disposable earnings is $80, and your disposable earnings less 30 times the current federal minimum wage is $182.50. Your creditor can garnish the lesser of these amounts, which is $80 per week.
Special Limits for Child Support, Student Loans, and Unpaid Taxes
If you owe child support, student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment. The amount that can be garnished is different too.
Since 1988, all court orders for child support include an automatic income withholding order. The other parent can also get a wage garnishment order from the court if you get behind in child support payments. (To learn about income withholding orders and other ways child support can be collected, see Child Support Enforcement Obligations.)
West Virginia law limits the amount of your income that can be withheld for child support to 40% if you have no arrears or the arrears are less than 12 weeks old and you are currently supporting a spouse or other dependents. The creditor can take up to 50% if you are not supporting any other dependents. An additional 5% may be garnished for support payments over 12 weeks in arrears.
Student Loans in Default
If you are in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish your wages without first getting a court judgment – this is called an administrative garnishment. The most that the Department of Education can garnish is 15% of your disposable income, but not more than 30 times the minimum wage. To learn more, see the articles in Student Loan Debt.
The federal government can garnish your wages if you owe back taxes, even without a court judgment. The amount it can garnish depends on how many dependents you have and your deduction rate.
States and local governments may also be able to garnish your wages to collect unpaid state and local taxes. Contact the West Virginia labor department to find out more. (You will find a link to the West Virginia labor department below.)
Total Amount of Garnishment
If you have more than one garnishment, the total amount that can be garnished is limited to 20%. For example, if the federal government is garnishing 15% of your income to repay defaulted student loans and your employer receives a second wage garnishment order, the employer can only take another 5% of your income to send to the second creditor.
Restrictions on Job Termination Due to Wage Garnishments
Complying with wage garnishment orders can be a hassle for your employer; some might be inclined to terminate your employment rather than comply with the order. State and federal law provides some protection for you in this situation.
According to federal law, your employer cannot discharge you if you have one wage garnishment. However, federal law won’t protect you if you have more than one wage garnishment order.
Some states offer more protection for debtors. In West Virginia, your employer cannot fire you or take negative employment action against you because a creditor has garnished or attempted to garnish your wages.
For More Information on West Virginia Wage Garnishment Laws
To find more information about wage garnishment limits in West Virginia, including the procedures that employers must follow in carrying out wage garnishment orders, check out the website of the West Virginia Division of Labor atwww.wvlabor.com and click on “WV Laws.”