Collecting a money judgment awarded against an uninsured party in civil litigation can be difficult. Fortunately, West Virginia, like all states, provides the prevailing party a number of tools, which, if used effectively can simplify and streamline the process involved in collecting money to satisfy a judgment. Most are available for a small fee, which can be added to the amount of the judgment. It is wise to remember that not all judgments can be collected, as certain individuals have no assets and are often labeled “judgment proof.”

The Basics

In general terms, a judgment is a written court order directing one party to pay another a certain sum of money in damages. The party that obtains a judgment in their favor is called a “judgment creditor,” and the party against whom a judgment has been rendered is called the “judgment debtor.” In West Virginia, a judgment creates a judgment lien on all real property owned by the judgment debtor in the county in which the judgment was rendered. The judgment lien lasts 10 years, and is renewable under certain circumstances for additional ten year periods.  In some circumstances, real property may be sold to satisfy an unpaid judgment.

Abstracting the Judgment

A judgment creditor may obtain an Abstract of Judgment from the circuit clerk of the county in which a judgment is rendered. The Abstract is essentially a summary of the judgment, which includes costs and post-judgment interest into the total judgment amount. A judgment creditor can record the abstract with any of West Virginia’s county clerks. Recording the Abstract provides notice to all parties, including bona fide purchasers, that a judgment lien has been placed on specific real property. 

Writ of Execution

A judgment creditor may obtain a Writ of Execution from the circuit clerk of the county in which a judgment is rendered. The Writ is a lien on all of the judgment debtor’s personal property located in the county where the Writ is issued, and can be abstracted and recorded. 

The Writ directs the sheriff of a particular county where the judgment debtor is believed to have personal property to seize the judgment debtor’s personal property in an amount to satisfy the judgment, plus costs and interest. The seized property is subsequently sold by the sheriff at public auction, and the proceeds, minus the sheriff’s costs, are turned over to the judgment creditor. If after the sale, an outstanding balance on the judgment remains, the sheriff can seize and sell at auction additional items of personal property until the entire judgment amount is satisfied. 

In the event the sheriff cannot locate the judgment debtor’s personal property, the Writ is returned to the judgment creditor as unsatisfied. An unsatisfied Writ is a prerequisite to the judicial sale of a judgment debtor’s real property. The unsatisfied Writ also extends the 10 year period of a judgment lien up to an additional 10 years. 

Suggestion

A Suggestion is served upon companies or individuals whom the judgment creditor believes owes the judgment debtor money; for example, rent payments or payments for goods. The Suggestion also can be directed at banks where the judgment creditor believes the judgment debtor may have money or other assets on deposit. Essentially, the Suggestion directs the party receiving it to pay all sums it owes the judgment debtor directly to the judgment creditor up to the full amount of the judgment.

Suggestee Execution

A Suggestee Execution is directed to the judgment debtor’s employer, and directs that party to pay the judgment debtor’s wages directly to the judgment creditor every 90 days until the judgment has been satisfied. Federal law exempts from a Suggestee Execution a portion of the judgment debtor’s wages equal to 30 times the federal minimum wage. 

Deposition in Aid of Execution

Under certain circumstances, a judgment creditor can ask the court issuing the judgment to order the judgment debtor to appear in court where the judgment debtor is questioned under oath about financial assets. This may assist the judgment creditor in determining what, if any assets the judgment debtor has that can be used to satisfy a judgment.

Conclusion

A judgment creditor should seek the advice of counsel as to how to proceed in a particular situation. Certain counties have different administrative procedures that can impact collection procedures. Knowing how and when to proceed can minimize a judgment creditor’s incurred costs and maximize the amount and speed in which a judgment is collected.