Usury Laws in West Virginia
West Virginia allows up to 8% a year by written contract, sets a 6% legal rate, and lets a borrower recover four times the interest on a usurious loan.
Last checked . General information, not legal advice.
West Virginia at a glance
- Maximum agreed rate
- 8% (written contract)
- Without a written contract the limit is the 6% legal rate. The statute applies except where another law provides otherwise.
- Legal rate (no rate agreed)
- 6%
The rules in West Virginia
What is the maximum interest rate on a private loan in West Virginia?
Maximum agreed rate in West Virginia: 8% (written contract). Without a written contract the limit is the 6% legal rate. The statute applies except where another law provides otherwise.
What interest rate applies in West Virginia when no rate was agreed?
Legal rate (no rate agreed) in West Virginia: 6%.
Where do the West Virginia usury laws come from?
The rules above come from W. Va. Code 47-6-5 and W. Va. Code 47-6-6. Each source is linked on this page. We last checked them in October 2026.
Good to know
A usurious contract is void as to all interest, and the borrower may also recover four times the interest agreed, at least $100.
What this means in practice
Put the interest rate in writing. Many usury statutes set one limit for written agreements and a different, often lower, rate when nothing was agreed in writing. A signed promissory note or loan agreement that states the rate, the payment schedule and what happens on late payment avoids most disputes.
Count every charge, not only the stated rate. Courts may treat fees, points, required extras or a discount taken from the amount lent as interest when deciding whether a loan is usurious. A loan with a modest rate and large fees can still cross the limit.
Check who the lender is and what the loan is for. Usury limits often do not apply, or apply differently, to banks, licensed consumer lenders, credit card issuers, larger loans and loans to businesses or corporations. A rule written for loans between individuals may not cover your situation, so read the statute and its exceptions.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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