West Virginia Report to Creditor by Collection Agency Regarding Judgment Against Debtor

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Multi-State
Control #:
US-01418BG
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No particular language is necessary for this type of report so long as the report clearly conveys the necessary information.

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FAQ

What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.

West Virginia law, specifically WV Code §46A-2-127, states that debt collectors should not deceive, mislead, or perform fraudulent activities when collecting and attempting to collect a debt. Examples of these bad business practices include: Refusal to give their true name and hide behind the company's name.

Limitations Period The statute of limitations is ten years for enforcing a judgment in West Virginia (W. Va.

Creditors have five (5) years to file their debt collection suit for the sum of money owed on an open account. If the debt is for the non-payment of an outstanding balance on a credit card, then the creditor has ten (10) years to file a collection lawsuit against the debtor.

What is the statute of limitations for a consumer protection claim in your jurisdiction? The statute of limitations is four years under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-5-101).

In general, under the Debt Collection Rule, a debt collector must not engage in conduct in connection with the collection of a debt if the natural consequence of that conduct is to harass, oppress, or abuse any person. 12 CFR § 1006.14(a).

WV Specifics In West Virginia, creditors have 60 days from the first publication of the Notice of Administration of the Estate to make any claims (this deadline does not apply to secured debt, such as a mortgage).

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

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West Virginia Report to Creditor by Collection Agency Regarding Judgment Against Debtor