# West Virginia — Wage garnishment limits and exempt earnings by state

For West Virginia, maximum share of earnings a creditor may take is twenty percent thereof and no more; earnings wholly exempt is fifty times the federal minimum hourly wage then in effect; statute is §38-5A-3. Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions, verified against its source on 2026-08-30.

- **State:** West Virginia _(our reading, not quoted from the source)_
- **Maximum share of earnings a creditor may take:** twenty percent thereof and no more _(verified: appears in the quote below)_
- **Earnings wholly exempt:** fifty times the federal minimum hourly wage then in effect _(verified: appears in the quote below)_
- **Statute:** §38-5A-3. Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions. _(verified: appears in the quote below)_

## What the source says

> the fact that the amount due or to become due as salary or wages after the deduction of all state and federal taxes exceeds in any week fifty times the federal minimum hourly wage then in effect, the court, if not a court of record, or if a court of record the clerk thereof, shall issue a suggestee execution against the salary or wages of the judgment debtor and upon presentation of such execution by the officer to whom delivered for collection to the person or persons from which such salary or wages are due and owing or thereafter may become due and owing to the judgment debtor, the execution and the expenses thereof shall become a lien and continuing levy upon the salary or wages due or to become due to the judgment debtor within one year after the issuance of the same, unless sooner vacated or modified as hereinafter provided, to an amount equal to twenty percent thereof and no more,

## Source

- https://code.wvlegislature.gov/38-5A-3/

Last verified: 2026-08-30. Review by: 2027-02-25.
Part of [Wage garnishment limits and exempt earnings by state](https://referencesource.org/wage-garnishment-exemption-thresholds-by-state/).