How to Collect a Judgment in West Virginia Magistrate Courts

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid

Average Joes tend to be under the impression that judgment collection is the end of the legal process and that the magistrate court will give you a big, shiny judgment as a prize. However, it is a separate process with numerous and complex steps, especially in West Virginia Magistrate Courts. This article will help you streamline the process and make it more digestible to know what avenues will work best for you to get your judgment collected!

Before collecting an award, one must first receive a judgment from the magistrate court. First, file a lawsuit. Second, present a case to the court (please see our article "How to Represent Yourself in Magistrate Court"). Third, obtain a judgment in your favor. https://www.courtswv.gov/legal-community/court-rules.

Once one obtains a judgment, one should obtain an “Abstract of Judgment” from the magistrate court. Then, the abstract can be filed with the county clerk’s office, which makes the judgment a lien on any of the debtor’s real property in that specific county. W.Va. Code § 50-5-8; § 38-3-1.

Furthermore, one can request the court to issue a “Writ of Execution” to seize the debtor’s personal property (if it is non-exempt), and the sheriff will seize and sell it to satisfy the judgment. W.Va. Code § 38-4-8.

One can also obtain a court order to levy the debtor’s bank account, allowing the sheriff to seize money from the account to satisfy the judgment. W.Va. Code § 38-8-1.

If the debtor is employed, one can obtain a “garnishment order,” requiring the debtor’s employer to withhold some of their paycheck to fulfill the debt. W.Va. Code § 38-5A-1, et seq. Similarly, for unpaid child support or alimony judgments, one can obtain an “income withholding order.” The order would require the same action as the “garnishment order.” W.Va. Code § 48-14-401, et seq.

Another individual may also be able to intercept the debtor’s assets. One may request the court to appoint a “receiver” to take over the debtor’s assets, so the assets can be managed and/or liquidated to satisfy the judgment. 28 U.S.C. § 2467; W.Va. Code § 53-6-1.

Additionally, one may obtain a “charging order” if the debtor owns an interest in a partnership or a limited liability company, so any profits or distributions received through that interest go toward the debt. W.Va. Code § 47B.

If the debtor has other income sources other than wages (e.g., rents, royalties, commissions), one may request an “assignment order” from the court. This would direct the excess income directly to the judgment to satisfy it. W.Va. Code § 38-5-10.

Under the Uniform Enforcement of Foreign Judgments Act, one may domesticate a West Virginia judgment in another state if the debtor has assets in that state. W.Va. Code § 55-14-1, et seq.

For certain debt types (e.g., unpaid child support or certain fines), one can request the court to revoke any of the debtor’s licenses (e.g., driver’s, professional, etc.) until the judgment is satisfied. W.Va. Code § 48-15-2; § 17B-3-3a; § 30-1-8a; § 11-12-5b; § 20-2B-7.

If the debtor does not comply with the court order(s), one may ask the court to hold the debtor in contempt, compelling the debtor to pay or give more useful information. W.Va. Code § 38-5-11.

Under Rule 27 of the West Virginia Rules of Civil Procedure for Magistrate Courts, one can also file post-judgment interrogatories to discover assets. The debtor must answer these questions under oath, thereby identifying assets that can be used to satisfy the judgment.

Moreover, under West Virginia Civil Procedure Rule 69, one can request the court to order the debtor to attend a debtor’s examination in which the debtor is questioned on their income and assets.

Note that judgments expire. A judgment can be enforced by issuing an execution within 10 years of the judgment date. If an execution is issued during this 10-year period, other executions can be issued within 10 years from the return date of the last execution (unless it has not been returned by an officer or has been returned unsatisfied). W.Va. Code § 38-3-18.

To prevent judgment expiration, one must go through the renewal process. One must file a petition to revive the judgment before the original 10-year period passes. This process renews the judgment for another 10 years, allowing for more time to collect the debt. W.Va. Code § 55-2-6.

Some tips to know include: (1) keep detailed records of court filings, notices sent to the debtor, and any received payments; (2) consult with a debt collection attorney if the case is complex or if the debtor is uncooperative; and (3) stay determined, for this is a lengthy and complicated process needing numerous enforcement actions.

By following these various steps and using available resources, you can effectively collect a judgment in West Virginia Magistrate Courts. For more information on information and forms: https://www.courtswv.gov/lower-courts/magistrate-courts. Please contact a licensed attorney for further assistance. West Virginia Senior Legal Aid is dedicated to defending West Virginia seniors’ rights.