A person or business you owe money to is a “creditor.” The debt might be for a loan, back-due rent, unpaid utility bills, or other unpaid amounts you owe. The creditor may collect its own debt, or the creditor may ask a “debt collector” to collect the debt owed to the creditor.

In West Virginia, the rules are basically the same for both creditors and debt collectors. Federal debt-collection law covers only debt collectors, but it adds requirements for them.

In West Virginia, a creditor or debt collector may call you, but there are limits. The calls may not harass or scare you. Calls at unusual times, or at times the caller knows are bad for you, can break the law.

No. You can hang up. It can help to take one call so you can get the caller’s name and company. You can also say that phone calls are inconvenient for you and ask the caller to stop.

You do not have to answer questions about the debt or whether you can afford to make payments.

As explained below, you can also tell the collector to stop calling you at certain times, or to stop calling you at all.

The law treats calls after 8 a.m. and before 9 p.m. as convenient unless the caller knows those times are bad for you.

Also, once you tell the collector that calls at other times are inconvenient for you, continued calls at those times are illegal. This includes calling you at work if you tell the collector you are at work and not to call.

Collectors are not allowed to call you repeatedly to harass you into paying just to make the calls stop.

Write down the date, time, phone number, and what happened on each call. Save voicemails and texts. The law prohibits calls made with intent to annoy, abuse, oppress, or threaten. It also prohibits more than 10 phone conversations in a week when made with that intent. Fewer calls can still be unlawful if the conduct is abusive. If the law is broken, you may have a claim for damages. If the creditor itself violates West Virginia law, a court may also cancel the debt in some cases.

Tell the creditor or debt collector clearly that phone calls are inconvenient for you. Tell them that you want the calls to stop. Put the request in writing so you have proof. Under West Virginia law, continued calls may be unlawful if they are abusive or are made at a time that you told the collector was not convenient.

Under the federal rule for debt collectors, if you say, “Do not call me,” the debt collector must stop calling, subject to narrow exceptions. There is also a separate federal rule for a written request to stop all communication.

Yes, you can use a letter like this one. Replace the words in the brackets with the information in your specific situation.

[Your name]

[Your return address]

[Date]

[Creditor or debt collector name]

[Creditor or debt collector address]

Re: [Account number for the debt, if you have it]

Dear [Creditor or debt collector name],

I am responding to your contact about a debt that you say I owe and that you are attempting to collect. You contacted me by [phone/mail/email], on [date]. You identified the debt as [any information they gave you about the debt].

Please stop calling me about this debt. Phone calls are inconvenient for me. Please contact me only in writing.

Thank you for your cooperation.

Sincerely,

[Your name]

Keep a copy of the letter. Send the original by certified mail and ask for a return receipt. If the collector accepts email from consumers, you may also send the letter by email. Keep a copy that shows when and where you sent it.

Keep your records. Write down the date and time of each call. Save voicemails, texts, and letters

Under West Virginia law, abusive calls can violate the law. Calls at known inconvenient times can also violate the law when made with the prohibited intent. Even fewer than the 10 allowed calls a week can violate the law if you have told the collector to stop calling.

If the caller is an FDCPA debt collector, calls after a clear “stop calling” request may also violate federal law.

If a lawyer represents you for this debt, both West Virginia and federal law give you strong protection. Your lawyer should send written notice to the debt collector saying that they represent you. And that all contact should be with the lawyer, rather than you. The notice should include the lawyer’s name, address, and phone number.

This notice should be sent by certified mail, return receipt requested, to the collector’s registered agent. If the collector is not registered in West Virginia, send it to the collector’s main place of business. More than three business days after the collector receives proper notice, it generally must stop contacting you directly. Calls made after a specific request to stop all calls and calls made to you after notice that you are represented by a lawyer (with limited exceptions), are illegal.

No. It is illegal for collectors to use threats, bullying, obscene or rude language, and false threats of arrest. A debt collector also cannot threaten to garnish wages or take property until there is a judgment against you.

The federal Telephone Consumer Protection Act (TCPA) adds additional rights for automated calls. Calls from debt collectors made with an artificial or prerecorded voice (“automated calls”) require your consent. You can take back that consent by saying “Stop calling me,” or by writing the caller, or if automated calls include an “opt-out” mechanism, by using it.

Automated calls received after you have said to stop the calls are illegal, and if the collector is sued in court, it could be made to pay $500 or even $1,500 for each illegal call.

Sometimes scammers pretend to be debt collectors and try to scare or harass people into paying debts that they do not owe. Scammers rely on fear and urgency to pressure you into paying immediately. Hang up immediately if the caller does any of the following:

• Threats of Jail: Real debt collectors cannot have you arrested or claim law enforcement is coming.
• Untraceable Payment Methods: Scammers often demand payment through prepaid debit cards, wire transfers from your bank account, cryptocurrency, or gift cards.
• Withholding Information: Scammers refuse to provide their physical street address or a direct callback number.
• Illegal Calls: Scammers call you outside of legally allowed hours (8:00 AM to 9:00 PM local time).

When you get a debt collection call, ask for the caller’s name and company. Ask for the company’s address and phone number. Ask who says you owe the money and how much.

Do NOT give your bank number, credit card number, or full Social Security number to a caller who asks for it. Instead, follow the directions in this article, and make sure that the collector can prove that you owe the debt that the collector is attempting to collect. If you are not sure, call the creditor that you believe you owe money at the number from a bill or its own website.

Yes. Under federal law, a debt collector collecting a debt owed to a creditor must give you key facts about the debt. This is called “validation information.” The collector must provide this validation information at the first contact or within five days afterward. This means that the collector must provide you with:

• the creditor’s name,
• the amount claimed that you owe, and
• how to ask for more specific information about the debt, or dispute that you owe it.

 An original creditor collecting its own debt in its own name does not have to provide you with this information in the same format, but you absolutely have the right to ask for proof that you owe the debt to this collector, and for proof that the amount the creditor says you owe is correct. And you can always dispute the debt if you believe you do not owe it all, or in the amount claimed.

If you believe that you never owed this debt, that you paid it off already, or that the amount claimed that you owe is wrong, send a written dispute by the date in the validation notice, or, if you did not receive a validation notice, try to send it within 30 days of the first contact.

You should ask for the name and address of the original creditor. If you are dealing with a debt collector and not a creditor, federal law requires that the collector must stop collecting the disputed debt until it provides the information you requested.

If you are dealing with a creditor, you can also ask for proof that you owe the debt. But unlike a debt collector, a creditor may not face a clear legal penalty for failing to provide it.

You can ask for records even after 30 days. But if your written dispute is late, federal law may not require the collector to stop collection while it checks the debt.

A debt can become too old for a lawsuit. In West Virginia, a signed written contract usually has a 10-year limit, while many other contracts have a 5-year limit. The exact rule depends on the debt and when the claim began. West Virginia also requires a special warning in written collection messages when a debt is too old to sue on.

Be careful about signing a new promise to pay an old debt. A new signed promise to pay, or even if you make a partial payment on the debt, can start a new time period.

Some debt collectors may try to trick you into making a small payment just to “show good faith.” But making any payment on an old debt may extend the time that you can be sued for payment on the debt.

The law prohibits creditors and debt collectors from telling your employer about a debt before judgment. It also prohibits telling relatives or neighbors. Public disclosure of your debt is very limited.

They may contact other people in limited ways to find you. Those contacts must follow federal location-information rules. They should not tell those people that you owe a debt.

They generally may talk about the debt with you, your lawyer, and people who are legally involved with the debt. Different rules can apply after a judgment or if you have provided permission.

The law also limits what can be shown on an envelope or other communication that other people may see. A creditor or debt collector may not publish your debt where other people can see it.

Tell the caller, “Please send all questions about this debt to my lawyer.” Give the caller your lawyer’s name and phone number. Keep a record of any calls you get after that and give the record to your lawyer.

First, dispute the debt. Send a letter to the creditor or debt collector saying that you do not think you owe the debt. Ask them to show:

[Your name]

[Your return address]

[Date]

[Debt collector name]

[Debt collector address]

Re: [Account number for the debt, if you have it]

Dear [Debt collector name],

I am responding to your contact about collecting a debt that you say I owe. You contacted me by [phone/mail/email], on [date] and identified the debt as [any information they gave you about the debt].

[Explain what you are disputing. For example, “I am not responsible for the debt you’re trying to collect.” Or “The amount that you are seeking to collect is incorrect.” Or “I have already paid off that debt.”]

Please record this dispute. If you stop your collection of this debt and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau (or have already done so), also report that the debt is disputed.

Thank you for your cooperation.

Sincerely,

[Your name]

Yes. Talk to a consumer lawyer. Many lawyers will talk with you for free and may take a strong case without charging you up front. Ask how fees will work. West Virginia law lets a court award reasonable attorney fees and costs to a consumer in some successful cases.

Yes. You can complain to the West Virginia Attorney General’s Consumer Protection Division at 1-800-368-8808.

West Virginia Attorney General, Consumer Protection Division complaint information and hotline: https://ago.wv.gov/consumer-protection/file-complaint-consumer-protection-division.

You can also file a complaint with the Consumer Financial Protection Bureau at www.complaintfinance.gov/complaint. A complaint does not replace a court answer or extend a court deadline.

Do not ignore them. A creditor or collector can win by default if you don’t respond on time. This can happen even if you do not owe the debt. It can also happen if the debt is old or your money is protected. Call a lawyer or Legal Aid as soon as you can.

Yes. Some income is protected from most debt collection. Some property is also protected up to set dollar amounts. Protected income may include:

• Social Security and Supplemental Security Income (SSI).
• Some public assistance benefits.
• IRAs and some pension benefits.
• Veterans benefits and some disability benefits.
• West Virginia unemployment benefits, with some exceptions.

Some of your wages are safe too. To learn more about protecting wages, read this article.

If you are not in bankruptcy, West Virginia also protects some property. The current limits include:

• Up to $5,000 of protected equity in a qualifying homestead.
• Up to $5,000 of protected equity in one motor vehicle.
• Up to $8,000 total in household goods.
• Up to $3,000 in tools used for your work.
• Up to $1,100 in a federally insured bank or credit-union account.

The motor vehicle, household goods, work tools, and bank funds together may not exceed $15,000. Qualifying IRA funds have a separate protection. Other state and federal laws protect some benefits and retirement funds. These rules have exceptions. Get legal advice if a creditor is trying to garnish or seize property.

To learn more about protecting your property, read this article.

West Virginia and federal law protect some income and property. These protections are called “exemptions.” A creditor or debt collector may still sue. They may get a judgment. But protected income and property usually cannot be taken to pay it.

If most or all of what you have is protected, tell the creditor or debt collector. This may make collection less likely, but it does not stop a lawsuit. If you get court papers, answer them.

If all of your income is protected, you can tell the collector by phone. You can also send the letter below.

[Your name]

[Your return address]

[Date]

[Creditor or debt collector name]

[Creditor or debt collector address]

Re: [Account number for the debt, if you have it]

Dear [Creditor or debt collector name],

I am responding to your contact about an alleged debt you are attempting to collect. You contacted me by [phone/mail/email], on [date]. You identified the alleged debt as [any information they gave you about the debt].

I am living on _______________/month which comes from [name of government benefit(s)]. I believe that all of my income is exempt from collection and that these payments are exempt from garnishment.

Sincerely,

[Your name]

Keep a copy of any letters that you send. It is best to send the letter by mail, return receipt requested.

When you do not pay a debt, it may be sent to a collection agency. It may also be reported to the credit bureaus. That is likely to lower your credit score. It can make it harder or more costly to get a loan or rent a home. Some employers may check a credit report with your written permission.