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Statute of Limitations on Debt in West Virginia

In West Virginia, a creditor has 10 years to sue on a signed written contract, 5 years on an oral contract or unsigned account, and 6 years on a promissory note.

Last checked . General information, not legal advice.

West Virginia at a glance

Written contracts
10 years
The writing must be signed by the party to be charged or an agent.
Oral contracts
5 years
Applies to any other contract, express or implied.
Promissory notes
6 years
W. Va. Code 46-3-118 for notes payable at a definite time.
Open accounts
5 years
An account not based on a signed writing falls under the 5-year rule for other contracts, express or implied.

Sources

Last checked

The rules in West Virginia

What is the statute of limitations for a written contract in West Virginia?

Written contracts in West Virginia: 10 years. The writing must be signed by the party to be charged or an agent.

What is the statute of limitations for an oral contract in West Virginia?

Oral contracts in West Virginia: 5 years. Applies to any other contract, express or implied.

What is the statute of limitations on a promissory note in West Virginia?

Promissory notes in West Virginia: 6 years. W. Va. Code 46-3-118 for notes payable at a definite time.

What is the statute of limitations on an open account, such as a credit card, in West Virginia?

Open accounts in West Virginia: 5 years. An account not based on a signed writing falls under the 5-year rule for other contracts, express or implied.

Where do the West Virginia statutes of limitations on debt come from?

The rules above come from W. Va. Code 55-2-6 and W. Va. Code 46-3-118. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.