Rights granted by this chapter may be asserted as a claim for setoff or defense to an action against a consumer without regard to any limitation of actions. Any counterclaim is subject to the appropriate limitation of actions set forth in this chapter.
W. Va. Code § 46A-5-102
Assertion of rights
Known as the West Virginia Consumer Credit and Protection Act
The act spans §§ 46A-1-101 to 46A-8-102 (260 sections).
Applied in 2 court decisions — leading case 213 W. Va. 394 - Dunlap v. Friedman's, Inc. (2003)
Most recently applied in Tribeca Lending Corp. v. James E. McCormick (June 2013)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.