West Virginia § 38-8-1 Exemptions of personal property

West Virginia Statutes

§ 38-8-1 — Exemptions of personal property

West Virginia § 38-8-1

Ch. 38LIENS

Art. 8EXEMPTIONS FROM LEVY

This text of West Virginia § 38-8-1 (Exemptions of personal property) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 38-8-1 (2026).

Text

(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 insured financial institution, not to exceed $1,100; and

(5)Funds on deposit in an individual r

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(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 insured 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.