Skip to content

West Virginia bonds

West Virginia — Collection Agency Bond

West Virginia's Collection Agency Act calls for a $5,000 continuing bond filed with the Tax Commissioner before the agency's registration certificate can serve as its license. Identify the principal or branch office being registered and match the actual applicant. This is collection agency security, not a tax-payment bond merely because the Tax Commissioner receives it.

Continue to our secure checkout partner, Propeller (opens in a new tab).

Recorded state
West Virginia
Category
Financial services

What this bond does

Section 47-16-4(b) conditions the bond on paying damages to the state or a private person resulting from unlawful acts of the agency or its agents in conducting collection business. That is broader than a remittance-only condition. The bond must be filed and approved before the statutory license is issued.

Who needs it
Businesses conducting collection agency activity subject to West Virginia's Act. The law requires separate bonds for principal and branch offices; confirm which office and registration the request concerns. Out-of-state agencies should also confirm the Commissioner's resident-agent and registration instructions for their actual method of contacting West Virginia residents.
Who it protects
The bond is payable to West Virginia and secures the statutory unlawful-act damages condition for the state and private persons. A person to whom the licensee fails to account and pay may sue on the bond in a court with jurisdiction. The statute limits aggregate surety liability for condition breaches to the bond sum and provides reasonable attorney compensation for the prevailing party in a bond action.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Details

Use a surety authorized for fidelity and surety business in West Virginia and file the continuing $5,000 bond with the Tax Commissioner. Section 47-16-4(b) requires a separate bond for each collection agency principal or branch office. Do not treat a single purchase as approval for every office or as the business registration certificate itself.

Keep the full condition in view: damages from unlawful acts of the agency or its agents in connection with collection business. Client-fund accounting is important, but the statutory obligation is not limited to missing remittances. A bond claim still depends on its terms and the applicable law; not every allegation produces payment.

The Act separately requires a trust account without commingling and six-year collection and disbursement records. Net client proceeds ordinarily must be paid within 30 days after month-end. For less than $5 due, the statute permits deferral for up to 90 days if monthly statements are provided. Those operating deadlines are not the bond's purchase term.

If the bond terminates without a new bond filed beforehand, the license becomes void under the statute. A different provision addresses loss of the surety's authority: the Commissioner gives registered or certified notice, and failure to file a satisfactory replacement within 30 days after written advice is cause for revocation. Do not describe that replacement period as a general 30-day cancellation grace period.

Purchase Now opens Propeller's West Virginia collection agency application in a new tab. Bring the legal agency name, office being registered, registration information, required sum and effective date. Match the execution and continuing condition to the Commissioner's current requirements, then file the bond for approval. Checkout does not issue the registration certificate, appoint a resident agent or authorize collection operations.

Sources

Have these ready

  1. Identify the legal agency and the principal or branch office requiring security.
  2. Confirm the Tax Commissioner's registration and any resident-agent instructions.
  3. Match the $5,000 continuing condition and effective dates to the request.
  4. Describe client trust-account, accounting and remittance arrangements.
  5. Complete execution and file for approval before relying on licensing authority.

Questions about this bond

Is this only a bond for unpaid client proceeds?

Section 47-16-4(b) covers damages to the state or a private person from unlawful acts of the agency or its agents connected with collection business. Do not narrow that statutory condition to remittances alone.

Does one bond cover every branch?

The statute requires separate bonds for the principal office and branch offices. Identify which office and registration need the filing, and confirm the Commissioner's directions rather than assuming one purchase covers all locations.

Can I keep operating for 30 days after any cancellation?

Do not assume that. The statute makes the license void when its bond terminates unless a new bond was filed beforehand. Its separate 30-day replacement provision follows the Commissioner's written notice when a surety loses its authority to transact business.

Related bonds

Keep exploring

How can we help you get started?

Choose the quote that fits, and we’ll take it from there.

Have a question? Contact us