West Virginia Code § 38-8-1

Exemptions of personal property
Open in Lexace · Ask the AI about this section
(a) Any individual residing in this state, or the dependent of such individual, may set apart
and hold as exempt from execution or other process the following personal property:
(1) Such individual's interest, not to exceed $5,000 in value, in one motor vehicle;
(2) Such individual's interest, not to exceed $8,000 in aggregate value, in household goods,
furniture, toys, animals, appliances, books and wearing apparel that are held primarily for
the personal, family or household use of such individual;
(3) Such individual's aggregate interest, not to exceed $3,000, in any implements,
professional books or tools of such individual's trade;
(4) Such individual's funds on deposit in a federally insaured financial institution, not to
exceed $1,100; and
(5) Funds on deposit in an individual retirement account (IRA), including a simplified
employee pension (SEP), in the name of such individual: Provided, That the amount is
exempt only to the extent it is not, or has not been, subject to an excise or other tax on
excess contributions under Section 4973 or Section 4979 of the Internal Revenue Code of
1986, or both sections, or any successor provisions, regardless of whether the tax is or has
been paid.
(b) Notwithstanding the foregoing, in no case may an individual residing in this state, or the
dependent of such individual, exempt from execution or other process more than $15,000 in
the aggregate in personal property listed in subdivisions (1), (2), (3) and (4), subsection (a)
of this section.
(c) Wages or salary are automatically exempt from execution or other process but only to
the extent set forth in section three, article five-a of this chapter. No person may file for an
exemption of wages or salary pursuant to this section in an amount above that set forth in
section three, article five-a of this chapter.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.