Wage Garnishment in West Virginia

West Virginia: 20% Cap — A Modest Enhancement

West Virginia reduces the garnishment cap from the federal 25% to 20% of disposable earnings under W. Va. Code § 38-5A-3. While not as protective as complete-ban states or the 10-15% cap states, this represents a meaningful improvement over the federal baseline.

The West Virginia Formula

West Virginia’s garnishment limit is the lesser of:

1. 20% of disposable earnings (vs. 25% federal)
2. The amount above 30× the federal minimum wage ($217.50/week protected floor)

For most workers above the protected floor, the 20% cap is the binding constraint:

• Worker earning $600/week disposable: 20% = $120 garnishable (vs. $150 federal)
• Worker earning $800/week disposable: 20% = $160 garnishable (vs. $200 federal)

Minimum Wage Context

West Virginia’s $8.75 state minimum wage is only modestly above the $7.25 federal floor. A full-time minimum-wage worker earns about $350/week, of which at most $70 could be garnished under the 20% cap. The protected floor of $217.50 still shields the first 62% of a minimum-wage worker’s weekly earnings.

Regional Comparison

West Virginia’s 20% cap sits in the middle of the regional protection spectrum. Pennsylvania bans most garnishment entirely — the strongest protection in the region. Ohio and Kentucky follow the bare federal 25% cap. Virginia uses a 40× multiplier ($290/week protected) but keeps the 25% cap. Maryland follows the federal baseline. West Virginia’s 20% cap provides a real but modest advantage over its Ohio and Kentucky neighbors — a worker earning $700/week in West Virginia could lose at most $140 to garnishment, compared to up to $175 in Ohio.

Room for Improvement

West Virginia received low grades from the NCLC in its 2024 report, reflecting limited consumer protections beyond the 20% cap. The state’s low minimum wage and minimal asset exemptions mean many workers remain vulnerable to aggressive debt collection despite the reduced garnishment percentage.

Statute: W. Va. Code § 38-5A-3; 15 U.S.C. § 1673 — Official source

This calculator is for consumer debt garnishment only. Not legal advice. Rules vary by debt type (student loans, child support, taxes). Verify with official sources before making any financial or legal decisions.