Sued by Discover Financial Services in West Virginia? Here's What to Do Next

2012 · consent order

$214M total ($200M consumer refunds to ~3.5M consumers + $14M CFPB civil money penalty)

Joint CFPB/FDIC consent order finding Discover used deceptive telemarketing tactics to sell credit card add-on products including payment protection, credit score tracking, identity theft protection, and wallet protection. Telemarketers misled consumers about enrollment, costs, and benefits.

CFPB source

2015 · consent order

$18.5M total ($16M consumer refunds + $2.5M CFPB civil money penalty)

CFPB consent order finding Discover misstated minimum payments due on student loan billing statements, misrepresented tax information consumers needed for federal tax benefits, and engaged in illegal servicing and collection practices including calling consumers early in the morning and late at night.

CFPB source

Statute of Limitations Defense

In West Virginia, the statute of limitations for credit card debt is 10 years. If your last payment was more than 10 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

West Virginia Wage Garnishment Exemptions

Only 20% of disposable earnings can be garnished. More protective than federal law.

West Virginia Consumer Credit and Protection Act

In addition to the federal FDCPA, West Virginia's West Virginia Consumer Credit and Protection Act may provide additional protections and remedies against Discover Financial Services's collection practices.

West Virginia Court System

Magistrate court handles cases up to $10,000. Circuit court for larger civil cases. Filing fees in West Virginia typically range $25-$200.

Can Discover sue me for unpaid credit card debt?

Yes. Discover regularly files lawsuits against consumers for unpaid credit card balances. They typically sue directly rather than selling the debt to a third party.

What happens if I ignore a Discover lawsuit?

A default judgment will be entered against you, allowing Discover to garnish wages, levy bank accounts, and place liens on property in states that permit it.

Can I negotiate with Discover?

Discover may negotiate settlement offers, especially if you file an Answer and actively defend the case. Having an active defense often motivates creditors to settle for less.

Does the statute of limitations apply to Discover?

Yes. Credit card debt has a statute of limitations that varies by state, typically 3-6 years. If Discover sues after the SOL expires, you can raise this as a defense.

How long to respond in West Virginia?

20 days from service.

What is the SOL?

10 years for all contract types — one of the longest in the country.

Can wages be garnished?

Yes, but only 20% of disposable earnings — more protective than federal law.

Where are cases filed?

Magistrate court up to $10,000. Circuit court for larger amounts.

What is the West Virginia Consumer Credit and Protection Act?

The West Virginia Consumer Credit and Protection Act (WVCCPA), W. Va. Code § 46A-2-122 et seq., is one of the strongest state consumer protection statutes in the country for debt collection. Unlike the federal FDCPA, which only applies to third-party debt collectors, the WVCCPA applies to both third-party collectors and original creditors collecting their own consumer debts. It prohibits a long list of conduct, including: unreasonable publication of debt (telling third parties about it), oppression and abuse, threats of unlawful action, profane or obscene language, false or misleading representations, unfair or unconscionable means, and unauthorized practice of law. Statutory damages per violation start at $1,000 and are adjusted annually for CPI, often reaching $4,800+ per violation now, plus actual damages and attorney fees under W. Va. Code § 46A-5-101. The Attorney General's Consumer Protection and Antitrust Division enforces it, and consumers can also bring private actions. Cases against original creditors and large debt buyers for WVCCPA violations are common.

How much of my wages can be garnished in West Virginia?

West Virginia provides more wage protection than the federal floor. Under W. Va. Code § 46A-2-130 and § 38-5A-3, for consumer debts after a judgment, a creditor can take only 20% of your disposable earnings, compared to the federal 25%. There is also a minimum protection: garnishment cannot reduce your weekly disposable earnings below 30 times the federal minimum wage. Disposable earnings means what is left after legally required deductions like federal and state taxes and Social Security, not voluntary deductions. Government debts like child support, taxes, and federal student loans follow different and sometimes higher caps under federal law. West Virginia also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, workers compensation, and most retirement benefits. If a collector is taking more than 20% of disposable earnings for a consumer debt, that is a violation.

What is the statute of limitations on debt in West Virginia?

West Virginia's statute of limitations on a written contract is ten years under W. Va. Code § 55-2-6, one of the longest in the country. However, debt collectors and debt buyers cannot use this long limitations period as a sword without limits, because the WVCCPA prohibits attempts to collect on time-barred debt without proper disclosures, and recent caselaw has held that suing on time-barred debt itself can be a WVCCPA violation. For oral contracts and open accounts, the limitations period is five years. For credit card cardholder agreements, courts have differed on whether the ten-year written contract period applies or whether a shorter period applies based on choice-of-law provisions designating other states. Many cardholder agreements designate Delaware, South Dakota, or Utah law, with shorter limitations periods that West Virginia's borrowing statute may apply. If you are sued on an old debt, raise statute of limitations and the borrowing statute as defenses in your answer.

Can I sue a debt collector under West Virginia law?

Yes, and West Virginia is one of the most consumer-friendly states for these actions. Under W. Va. Code § 46A-5-101, you can sue both third-party collectors and original creditors who violate the WVCCPA. Statutory damages start at $1,000 per violation and are adjusted annually for CPI, often exceeding $4,800 per violation. You can also recover actual damages, attorney fees, costs, and in some cases punitive damages. Common claims include: calling repeatedly or at unreasonable hours, contacting third parties about your debt, threatening lawsuits or wage garnishment without intent or ability to follow through, making false statements about the amount of the debt, continuing to collect after a written dispute, and using deceptive practices. Federal FDCPA, 15 U.S.C. § 1692k, provides additional remedies up to $1,000 statutory damages plus actual damages and fees. Cases can often be brought as counterclaims in collection actions filed against you, shifting the dynamic and creating settlement leverage.

I was sued in West Virginia magistrate court. What should I do?

West Virginia magistrate court, under W. Va. Code § 50-2-1, handles civil cases up to $10,000 (recently increased). The summons will tell you the deadline to answer, typically 20 days from service. File a written answer with the magistrate court clerk by that deadline, denying the allegations and listing defenses including statute of limitations, lack of standing, improper venue, failure of consideration, and violations of WVCCPA. Send a copy to the plaintiff's attorney. You can also assert WVCCPA counterclaims for any violations during the collection process, including unfair or deceptive conduct before the lawsuit was filed. Magistrate court rules of procedure are simpler than circuit court, but discovery is still available and very useful: request the bill of sale, chain of assignments, and original cardholder agreement. Many debt buyer cases fall apart in magistrate court when the plaintiff cannot produce these records. Either party can appeal a magistrate court decision to circuit court within 20 days, where it is heard fresh.