The West Virginia Civil Rules Committee, in conjunction with the West Virginia Supreme Court of Appeals, have made the first major changes to the West Virginia Rules of Civil Procedure since 1998. These rule changes — which go into effect on January 1, 2025 — were put into place to update the structure and clarify content. Many of the rules were completely reorganized to enhance readability and citation, but did not change the rule’s substance. However, some substantive changes to the rules will affect our practice. Below is a quick overview of the highlights that will affect day-to-day collection efforts here at KWA:
Service, Summons, and Pleadings
Rule 4(d) has increased the age of a person residing at the defendants’ dwelling that may accept substituted service on behalf of the Defendant from 16 to 18. We have many files that have been served via substituted service, and our forms have been changed to reflect the age increase.
Rule 12(A) has increased the amount of time that Defendants have to respond to complaints. Currently, a Defendant has 20 days to file an answer or affirmative defense to the complaint. The new rule now gives 30 days for a defendant to respond. This also carries over to counterclaims and crossclaims. Any party that is in receipt of a counter or cross claim will now have 30 days to answer said claim rather than the current 20 days.
Privacy Protection
The business of collections inherently deals with sensitive information such as financial accounts, social security numbers, and birth dates. So, the brand-new Rule 5.2 – titled Privacy protection for filings made with the court – is important to highlight. While most of the rule focuses on privacy for confidential filings and the personal identification of juveniles, 5.2(b) specifically states that personal identifiers in any case are to be restricted. Personal identifiers such as birth dates and addresses may be used only when absolutely necessary. Social security and account numbers are to be redacted up to the last four digits. These protections for Social Security and account numbers are already codified in the West Virginia Consumer Credit Protection Act, however the birth date protection is new and will be implemented into our practice.
Discovery
The most substantial (and controversial) change in the rules has to do with discovery. Section 5, which houses rules 26-37 having to do with discovery and depositions, has been completely overhauled. Starting in January, parties will have a duty to disclose the following without a discovery request. Examples of some of the information that is to be disclosed automatically are: personal information of anyone likely to have discoverable information, a copy of any non-privileged documents to support claims/defenses, and a computation of each category of damages.
This duty to disclose has a few exceptions, the broadest being any action where the agreed amount in controversy is less than $25,000.
The changes to the discovery rules prompted two dissenting opinions from the Supreme Court of appeals, both of which argued that the implementation of these new mandatory disclosures will become a burden to the Court. The dissenting judges also note that it may completely bar pro se litigants from seeking justice, as their case can be held up in continuous litigation over discovery practice. Collection litigation involves mostly pro se defendants, often which do not ever contact our office after filing a pro se answer and leave no contact information. This discovery change has the potential to limit pro se defenses and claims unless individual courts decide otherwise.
As stated, this is just a quick overview of the substantive changes that became effective January 1, 2025. If you have any questions regarding this change, would like more detail, or to know how it affects your business, please contact Riley Rodgers at [email protected] or KWA at [email protected]. KWA will keep you abreast of any additional changes and appreciate you consideration of using us for your collection, replevin, bankruptcy, foreclosure, and other legal needs in WV, OH, KY, IN and WI.