West Virginia SCRA Benefits: Full SCRA on State Duty
Part of: The Complete Guide to the SCRA
West Virginia did not leave its Guard to the federal statute alone. It put a named state act on the books that imports the whole federal SCRA once a state activation runs long enough. The substance is the federal law; the reach onto state orders is what West Virginia added.
What West Virginia’s own act adds
| Protection | Federal SCRA | West Virginia |
|---|---|---|
| Guard on state active duty (30+ days) | ✕ Not covered | ✓ Full federal SCRA applies (W. Va. Code § 15-1F-11) |
| 6% cap, lease exit, default judgment | ✓ On federal orders | ✓ Extended to state orders |
| Foreclosure and eviction shields | ✓ | ✓ |
| State income tax on the duty-station election | Depends on state | Exempts active-duty pay; elect your home state |
One act, the whole toolkit, past 30 days
Section 15-1F-11 does not rewrite the SCRA; it adopts it. A Guard member on state active duty for 30 days or more gets the federal protections, so on those orders you can cap a pre-service loan at 6% with the standard rate-cap letter, terminate a lease, and raise the default-judgment and foreclosure shields. For a West Virginia Guard member running the activation cycle, the rule is simple: federal or qualifying state orders, you cite the SCRA. On state orders, name 15-1F-11 as the bridge.
The one limit to watch is the 30-day threshold. A short callout will not trigger the state act, so check your orders. On federal orders the protection applies regardless.
The tax side is favorable: West Virginia exempts active-duty military pay, and a nonresident makes the standard duty-station election.
The West Virginia list
- WV Guard on state active duty 30+ days: send the 6% cap letters on pre-service debt and cite W. Va. Code § 15-1F-11 as the bridge to the SCRA.
- PCS or long activation with a lease: use the lease exit and the termination calculator.
- Sued, served, or facing foreclosure while activated: raise the default-judgment and foreclosure shields under the imported SCRA.
- Confirm your orders cross the 30-day threshold before relying on the state act.
- Stationed in West Virginia from out of state: confirm the tax election and the state active-duty pay exemption.
The law behind this: W. Va. Code § 15-1F-11
West Virginia Servicemembers Civil Relief Act: the federal SCRA protections extended to the Guard on state active duty of 30 days or more: read the statute.
Frequently asked questions
Does West Virginia cover the National Guard on state active duty?
Yes. W. Va. Code 15-1F-11, the West Virginia Servicemembers Civil Relief Act, gives a Guard member called to state active duty by the governor for 30 days or more all the protections, rights, and benefits afforded to a person on federal active duty under the federal SCRA. State orders are the gap federal law leaves; West Virginia closes it.
Which protections apply on state orders?
The federal toolkit, because 15-1F-11 imports it: the 6% interest cap on pre-service debt, residential and motor-vehicle lease termination, default-judgment protection, the stay of proceedings, and foreclosure and eviction shields. It applies the federal statute to state activations by reference.
What is the 30-day threshold?
The state act keys off state active duty of 30 days or more. A shorter callout does not trigger it. Confirm your orders cross that line before relying on 15-1F-11, and remember that on federal orders the SCRA applies regardless of the state threshold.
Does West Virginia tax military pay?
West Virginia exempts active-duty military pay from its income tax, and a nonresident stationed here pays their elected home state, not West Virginia, under the standard residency rules. Confirm the current military pay exemption with the West Virginia Tax Division.
Sources
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.