West Virginia · checked October 24, 2026

Payday loans in West Virginia: the rules and your way out

Typical payday loans not allowed

West Virginia has no payday statute: check cashers are barred from holding checks to make loans, and licensed consumer lenders are capped at 31% a year on loans of $3,500 or less.

Law: W. Va. Code §§ 32A-3-1, 32A-3-3; § 46A-4-101; § 46A-4-107. West Virginia Code on code.wvlegislature.gov, PDF dated October 24, 2026; § 46A-4-107 last amended 2019 (HB 3143).

West Virginia's rules, line by line

Fee or rate cap: Regulated consumer lenders: on a loan of $3,500 or less not secured by real property, the finance charge may not exceed 31% a year (W. Va. Code § 46A-4-107(2)); alternatively 31% plus a nonrefundable processing fee of up to 2% (§ 46A-4-107(7)).
State loan database: No.
Limits on collection: Fees charged for lending through a check-cashing transaction are prohibited finance charges; the borrower can sue to recover all fees paid and actual damages, and the conduct can be treated as an unfair and deceptive act under Chapter 46A (W. Va. Code § 32A-3-3(b)).
Other rights: No merchant or licensee may agree to hold a check for later deposit to make a loan and profit from it (§ 32A-3-1(b), (e)). Unlicensed check cashing lets the customer recover all fees and actual damages; suits must be brought within one year (§ 32A-3-3(c)-(d)). The WV Division of Financial Institutions says traditional payday lenders are generally prohibited in the state.

If you are behind on a payday loan in West Virginia

Check whether the loan was legal to make. West Virginia does not allow payday loans at typical payday prices. If a lender charged more than the state's limit, report it to the West Virginia Division of Financial Institutions through its complaint page.
Stop the automatic withdrawals if they are emptying your account. You can revoke the lender's permission to debit your account and tell your bank. How to do it.
Look at a credit union payday alternative loan. Federal credit unions can lend $200 to $2,000 at much lower cost. How they work.
Talk to a nonprofit credit counselor. A counselor can look at all your bills, not just this one. How to find a real one.

Check a lender, or report one

Sources

W. Va. Code ch. 32A, art. 3 (PDF), read 2026-10-24
W. Va. Code § 46A-4-107, read 2026-10-24
W. Va. Code § 46A-4-101, read 2026-10-24
WV DFI, Consumers, read 2026-10-24
WV DFI, Consumer Complaints, read 2026-10-24

This page summarizes the law; it is not legal advice. Laws change, and the statute and regulator control. If something here is out of date, write to hello@paydayloan.help.