Judgment Liens on Property in West Virginia

You went to court and got a judgment that says you're entitled to money from the party you sued, now called a "judgment debtor." What comes next? How can you—the judgment creditor—collect the money you're due? That's the focus of this article.

One way to collect is by putting judgment liens on the judgment debtor's West Virginia property. After a quick review of how judgment liens differ from judgments, we'll turn our attention to the specifics of West Virginia law. In particular, we cover:

• the kinds of property subject to West Virginia judgment liens
• how you put judgment liens on West Virginia property
• how long your judgment lien lasts, and
• the ways you can turn your judgment lien into money.

If you want some background information, here's more about how court judgments are collected.

What's the Difference Between a Judgment and a Judgment Lien?

A judgment is a court order that says a judgment creditor is legally entitled to a sum of money from a judgment debtor. But a judgment, standing alone, isn't self-enforcing. That is, you can't take a judgment to your county sheriff's office and demand that the judgment debtor's real estate be sold to pay you.

If you want to seize and sell the judgment debtor's property, you first have to attach your judgment to specific items of property. That's what a judgment lien does. As we discuss later, when your judgment is recorded with the county clerk, it becomes a lien against the judgment debtor's nonexempt real estate in that county. Once that's done, you can look for ways to turn your judgment into cold, hard cash.

Kinds of Property Subject to West Virginia Judgment Liens

In West Virginia, you can attach judgment liens only to real estate, meaning land, buildings, and other improvements. A properly recorded judgment attaches a lien to real estate the judgment debtor:

• presently owns, and
• acquires later, as long as your judgment lien is still good.

No Liens on Personal Property

You can't put judgment liens on West Virginia personal property—cars, artwork, antiques, electronics, household furnishings, and the like. But that doesn't mean a judgment debtor always gets to keep their autos, boats, and other big ticket items. Even without judgment liens, there's a way to have the sheriff seize personal property.

If you're considering this step, speak to a West Virginia collection lawyer first. They can tell you whether it's worth your time and expense to go after the judgment debtor's personal property—and there's a good chance it won't be. If it's likely to be worthwhile, they'll guide you through the process.

Property Exempt From West Virginia Judgment Liens

Like all states, West Virginia exempts some property—both real and personal—from the reach of creditors. Exempt amounts mentioned here represent the maximum value of the debtor's equity in the property, which might not be the same as the property's market value.

Here are a few examples:

• a homestead worth up to $5,000
• one motor vehicle valued at up to $5,000
• as much as $8,000 worth of household goods, furnishings, appliances, toys, animals, clothing, and personal effects
• an individual retirement account, and
• a maximum of $3,000 in books, equipment, and tools used by the judgment debtor in a trade or business.

The aggregate exempt amount for a motor vehicle, household goods and the like, and professional tools and equipment can't exceed $15,000.

How to Attach West Virginia Judgment Liens

A West Virginia circuit court judgment automatically attaches a lien to the judgment debtor's real estate in the county where the judgment was entered. To attach a lien to real estate in a different West Virginia county, follow these steps.

• Get a certified abstract. Get a certified abstract (summary) of your judgment—one for each county where you want a judgment lien—from the clerk of the court that issued your judgment. See if the clerk's website explains how to request an abstract. If not, call the clerk's office and ask for instructions. The clerk will know what you want. You'll have to pay a small fee for each certified abstract.
• Record with the county clerk. Take a certified abstract to each county clerk where you want to attach a judgment lien, and ask them to "docket" (record) it. There will be a small recording fee. Once the abstract is recorded, you've got a judgment lien against the judgment debtor's real estate in that county.

As a general rule, a West Virginia judgment lien expires 10 years from the later of the date:

• judgment was entered or was last revived, or
• a writ of execution was last issued on the judgment, and was recorded with the county clerk.

How Long Does a West Virginia Judgment Last?

A West Virginia judgment expires 10 years from the later of:

• the date it was entered, if no writ of execution is issued and it isn't timely revived
• the date a writ of execution was last issued, or
• the date it was last revived.

A writ of execution effectively resets the 10-year clock, even if you don't collect anything as a result.

Before your West Virginia judgment expires, you can revive it by filing a lawsuit in court asking for an order to execute (collect) on it. There's no limit on the number of times you can revive a judgment, as long as you follow the statutory rules and act before it expires.

Lawsuits are subject to detailed, and often confusing, rules of procedure and evidence. If you decide to take this step, consider hiring an attorney to represent you.

How Do You Turn a West Virginia Judgment Lien Into Money?

In general, there are three ways you can try to collect on a West Virginia judgment lien:

• negotiate a settlement
• wait for the judgment debtor to sell or refinance the property, and
• execute on your lien.

Negotiate a Settlement

If you want payment sooner rather than later, this is likely your best choice. No, you won't get all the money you're entitled to, but that's the nature of a settlement. You'll collect faster—and more inexpensively—than via the other two options.

Wait for the Judgment Debtor to Sell or Refinance

Most often, a buyer or lender will insist on clear title, free of all judgment liens. To sell or refinance, the judgment debtor will have to approach you to make a deal. Only now, you've got more negotiating leverage. As long as you're willing to sit tight and wait, this too is a low-cost, low-stress way to collect.

Execute on Your Lien

Executing on your lien means having the sheriff sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).

Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.

Next Steps

We've covered West Virginia judgment lien basics, but of course, the devil's in the details. Now that you're familiar with West Virginia law, you might decide that your best option is to get help collecting your judgment. An experienced West Virginia creditor's rights or collection attorney can answer your questions and help you chart a collection path that gives you the best chance to maximize your recovery.