West Virginia Legal Guide for Laws and Consumer Rights
Welcome to a resource on the law in West Virginia. This overview will cover some of the most critical essential information you can learn about many legal issues in the Mountain State, showing how so many facets of the law are connected in some way.
Fundamental Rights and Safeguards
An understanding of your core rights is the basis of the practice of law in West Virginia:
Consumer Protection
The West Virginia Consumer Credit and Protection Act is a basic consumer law that specifies minimum requirements for fair business practices and collection practices.
Property Rights
West Virginia's property rights are carefully balanced between individual ownership and community interest State protection. One must understand the scope of these rights individually and for business reasons as well.
Civil Liberties
West Virginia's state constitution and numerous West Virginia statutes secure civil liberties that the state often protects much more than by.
Financial and Debt-Related Laws
Following are the related laws from the state of West Virginia about the finances and debt:
Statute of Limitations on Debt
- Written Contracts: 10 years
- Oral Contracts: 5 years
- Credit Card Debt: 3 years
Debt Collection Laws
Debt collection in West Virginia has many limitations and restrictions on the collector. Amongst them are limitations on how often a collector can contact you. The state statutes in this area are generally on the side of the consumer more than that of the federal laws.
Payday Lending
West Virginia all but prohibits traditional payday lending by enforcing very stringent usury laws. The state's 31% APR cap on small loan interest rates prevents most payday lenders from being able to create functional business models in the state.
Other Useful Information for Consumers in West Virginia
- West Virginia state debt collection laws
- West Virginia payday loan laws
- West Virginia bankruptcy laws
Business Law and Formation
Launching and operating a business in West Virginia will demand a number of business-specific laws, such as:
Business Structure
Choices include LLC, Corporation, Partnership, and Sole Proprietorship. Each has different legal implications and tax liabilities.
Registration process
A business is registered through the West Virginia Secretary of State's office. The requirements for doing so vary by structure.
Licensing and Permits
Virtually every business needs some kind of state licensing. Certain types of businesses must also obtain industry-specific permits.
Tax incentives
A few of the tax incentives offered by West Virginia for businesses include the following:
- Economic Opportunity Tax Credit
- Manufacturing Investment Tax Credit
- High-Tech Manufacturing Tax Credit
Learn more about how to start a West Virginia corporation
Estate Planning and Probate
There are a multitude of estate planning tools in West Virginia. The most important ones are:
Wills
These are legal documents taking effect will of a testator
- It must be in writing
- Be signed by the testator
- Also, they must be signed by two witnesses
Trusts
Living trusts help avoid expensive probate fees and enable one to manage and control one´s assets.
Advance Directives
West Virginia is guided by the living wills statute on how to compose one´s end-of-life care decisions.
Intestate Succession
If there is no valid will, the intestacy laws are applied to it to determine how assets shall be distributed.
Learn More about West Virginia wills
Learn More about West Virginia living trusts
Bankruptcy and Debt Relief
West Virginia State largely follows the Federal bankruptcy law. Families can do the following:
Types of Bankruptcy
- Chapter 7 liquidation
- Chapter 13 proposal type
Types of Bankruptcy
- Homestead: $25,000 ($50,000 for married couples)
- Personal property: $8,000
- Tools of the Trade: Up to $1,500
- Wildcard: $800 of any part of the unused homestead exemption up to $7,500
Get more West Virginia bankruptcy information.
Courts and ADR in West Virginia
The West Virginia court releases are important in doing business in the state.
Court Structure
- Supreme Court of Appeals
- Circuit Courts
- Family Courts
- Magistrate Courts
ADR (Alternative Dispute Resolution)
Mediation and arbitration are permitted and often used to resolve disputes.
WEST VIRGINIA Legal Aid
Many organizations offer free legal services in WEST VIRGINIA:
- Legal Aid of West Virginia
- West Virginia Senior Legal Aid
- West Virginia University College of Law Clinical Law Program
- West Virginia Attorney General's Office
- West Virginia Attorney General's Office Contact Information
Other State Legal Resources
- West Virginia State Bar
- West Virginia Judiciary
Conclusion
This general presentation was structured in a way that is self-building in order to present the state's legal infrastructure. To completely comprehend a specific issue, consultation with a qualified West Virginia attorney is strongly advised.
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