Judgment records in West Virginia are court files that carry a court's final decision in a civil dispute addressed within the West Virginia Court System. These records can be accessed by residents and other members of the public, provided the law or court order does not prohibit disclosure. Because the West Virginia Freedom of Information Act emphasizes that all government records are accessible to the public, public record custodians in the state courts are obligated to make judgment records and other West Virginia court records available upon anyone's request.
What is a Judgment?
As defined under the West Virginia law, a judgment is a court order indicating the conclusion of a case. Typically, a judgment emphasizes the debt amount (as well as the annual interest that will accrue on the judgment), the obligations of the parties involved in the legal action, and the court's reasoning for reaching that particular conclusion.
West Virginia Judgment Laws
Section VII of the West Virginia Judiciary Rules of Civil Procedures and Rules of Civil Procedure of the Magistrate Courts govern the entry and execution of judgments in the state.
What is Judgment Lien?
A judgment lien is a claim attached to a judgment debtor's property without their consent. With this lien, if a judgment debtor fails to satisfy a judgment debt, the creditor can recover the debt from the sale proceeds of the debtor’s property.
Unlike many US states, a judgment lien in West Virginia is automatically created on a debtor's property if the property is located in the county where the judgment was entered. However, if the property is in a different county, it is created when the judgment creditor files an abstract of judgment with the clerk of the court in the county where the property is located.
According to Chapter 38 of the West Virginia Code, a judgment lien remains attached to a debtor's real property for ten years, regardless of if the property is sold or transferred. No judgment lien can be attached to personal property in West Virginia.
What is a West Virginia Summary Judgment?
As defined by Rule 56 of the West Virginia Civil Rules of Procedure, a summary judgment is a procedure used to resolve a civil case without a trial. Trials are typically held so that a judicial official can determine the material facts of a case. However, if those facts are undisputed, a party can request a summary judgment, and the court can decide on the claim without requiring a trial. According to court rules, a plaintiff or defendant can petition the court for a summary judgment.
What is A Summary Judgment Motion In West Virginia?
A summary judgment motion is a request for a case to be decided without a trial. This motion must be filed and served on the other side at least ten days before the scheduled hearing date. If one side files for the judgment, the other can also present opposing documents prior to the hearing.
The court will only issue a summary judgment if the submitted pleadings, depositions, and affidavits demonstrate that there is no real issue regarding any significant fact and that the filing party warrants a judgment as a matter of law. If there are disputed issues, the case will be heard at a trial.
West Virginia Judgment Record Search
Because West Virginia does not have a central public court records database, inquirers must contact the clerk of the court and possibly visit the courthouse to search for judgment records. The website of the West Virginia judiciary is helpful in finding the locations and contact information of courthouses within the state.
How Do I Look Up a Judgment In West Virginia?
The West Virginia Judiciary maintains judgment records as part of civil court records. These records are generally available for examination or copying from the courthouses where cases were heard.
Those who would rather not visit the courthouse can obtain copies by phone or mail. Phone requests can be made by contacting the court clerk and providing the clerk with the case number or title. Following that, the clerk's office will inform the inquirer of the associated cost and payment instructions.
On the other hand, written requests can be sent by mail to the relevant clerk of the court's office. Some clerks provide record request forms. However, when a standard form is unavailable, the following information should be included in one's request:
- Inquirer's name, address, and contact information.
- Case number and title
- Proof of payment for the record(s) requested
What Happens if You Have a Judgment Against You in West Virginia?
Anyone who has a judgment against them in West Virginia is urged to pay it immediately to avoid becoming subject to execution proceedings initiated by the judgment creditor. If the person cannot make a timely payment, they are encouraged to contact the judgment creditor to seek alternative payment arrangements. This is because if the creditor is compelled to execute judgment, the debtor may lose their properties and assets.
However, state law allows debtors to exempt certain property from execution. Typically, after receiving a judgment, the creditor will file papers with the court requesting that legitimate tactics be used to collect the judgment. The judgment debtor will be served with a notice of the creditor's intent to collect. On receiving such a notice, the judgment debtor can then visit the clerk's office and file an Exemption Form to protect some (or all) of their personal property.
How Do I Find Out If I Have Any Judgments Against Me In West Virginia?
When a judgment is entered in a West Virginia court, all parties involved in the case, including the judgment debtor, are notified. If the individual does not receive the notice, they should contact the court to see if a judgment has been entered against them.
How Long Does A Judgment Stay On Your Record?
If a judgment is entered against an individual and not satisfied, the judgment debtor is held accountable for ten years or until the judgment is paid. As a result, the judgment creditor will continue to enforce the judgment until it is paid or discharged. However, judgment records created by the court have longer retention periods. Usually, once a West Virginia court renders a judgment, it is stored indefinitely in the court's records.
How To Enforce A Judgment In West Virginia
When it comes to enforcing a judgment in West Virginia, a judgment creditor has the following options:
- Obtain a court order directing that money be deducted from the debtor's paycheck (also known as a wage garnishment or suggestee execution).
- Attach a judgment lien to the debtor's real estate.
- Obtain a court to seize money from the debtor's bank account.
- Have the sheriff confiscate and sell the debtor's personal belongings, such as cars and furniture, to use the proceeds to pay the debt.
A judgment creditor must file certain papers with the court to employ the above collection approaches. For example, a writ of execution (filed and obtained from the court) can be used to enforce a court judgment in West Virginia. This writ allows the creditor to place a judgment lien on a debtor's real property until payment is made. However, it should be noted that unless the lien is recorded in the county where the real property is located before registering a deed to the bona fide purchaser, the judgment lien is not enforceable. A bona fide purchaser is a third party who pays a fair market value for a property and is unaware of any title complications.
A creditor can also use a writ of fieri facias to enforce a judgment. This writ can be used to seize a judgment debtor's assets and personal belongings, including financial accounts, stamps, stocks, negotiable warehouse invoices, and promissory notes.
How To Collect A Judgment In West Virginia
Once a judgment has been secured in a West Virginia court, creditors who want to collect the debt can request a garnishment order from the court. The judgment creditor can then withhold a portion of the debtor's wages to pay off the judgment.
Note, however, that West Virginia law limits the amount that can be withheld from each paycheck. Creditors can only seize the lesser of 20 percent of a debtor's disposable weekly wages or the amount by which a debtor's disposable weekly earnings exceeds 30 times the federal minimum wage. The law defines "disposable earnings" as the money left over after taxes and other deductions from the debtor's paycheck.
What Happens if a Defendant Does Not Pay a Judgment in West Virginia
Even though a defendant cannot go to jail for failing to pay a judgment in West Virginia, the party can still face disastrous consequences. These include losing their property or wages and paying a higher sum to satisfy the judgment due to accrued interest. Also, unpaid judgments are public records that can affect a defendant's access to financing.
What Personal Property Can Be Seized in a Judgment in West Virginia?
A judgment debtor's personal property can be seized to pay a judgment in West Virginia unless protected by state laws. Because of the personal property exemption laws, judgment debtors can keep some property away from execution or attachment. The exemption laws ensure that families and children have enough money to cover their basic needs, despite their debt.
Note that the law affixes a dollar value that can be exempt for each personal property. Typically, a debtor can protect all personal property if the associated values are less than the state's limits. If greater, the debtor can only save some property.
West Virginia's personal property exemption process is not automatic. The court will need the debtor to fill out an Exemption Form. The debtor must obtain and complete 2 of these forms, take them to court to be notarized, and sign them before filing. The court will then issue a "release" that will put an end to the collection process. Otherwise, the collection process will continue until the bank or sheriff receives the release.
Examples of exempt property include:
- One automobile worth up to $5,000.
- Household goods, appliances, apparel, books, and other items worth up to $8,000.
- Implements, professional books, or trade instruments worth up to $3,000.
- Money in bank, savings, and loan accounts of up to $1,100.
West Virginia Judgment Interest Rate
According to Chapter 56 of the West Virginia Code, the Administrative Office is responsible for calculating the annual interest rate on money judgments. This rate cannot be greater than 9% or lower than 4% per year. The current interest rate on judgments is 4%.
What is a Default Judgment?
Default judgments in West Virginia's civil courts are governed by Rules 10 and 55 of the Rules of Civil Procedure. According to these rules, a judge or magistrate can render a default judgment when a defendant fails to appear or answer within the specified time.
A default judgment may be entered upon a plaintiff's motion if the entity submits an affidavit or sworn testimony indicating:
- That the other party refused to appear, respond to the complaint, or inform the court of an intent to dispute the case
- The plaintiff's requested settlement, including whether it is a specific or calculable sum
Suppose the plaintiff's claim does not involve an amount that can be computed. In that case, the magistrate will demand additional proof via an affidavit or sworn testimony to determine the legitimacy of the relief sought before entering the judgment.
Similarly, a plaintiff who has been served with a counterclaim or cross-claim and has failed to appear or respond may also incur a default judgment. It is worth noting that no default judgment may be issued against an infant, incompetent, or incarcerated party in West Virginia.
How to File a Motion To Set Aside Default Judgment in West Virginia
A motion to set aside default judgment in West Virginia is a petition to overturn or reverse a court's default judgment. Any aggrieved party has 20 days after a judgment is entered to submit a motion to set aside a judgment and request a new trial.
Usually, the court will hold a hearing on the motion and notify all parties of the fixed date. If the moving party shows "good reason," a magistrate or judge may set aside the judgment and order a new trial.
In this case, a "good reason" could be:
- Discovery of significant evidence that will have a massive impact on the case's outcome.
- Discovery of substantial evidence that was kept from the court by the party who received the favorable judgment.
- The judgment is unreasonable and unsupported by the facts.
- There was a significant error in the law's implementation.
File Motion To Vacate Judgment in West Virginia
A motion to vacate a judgment requests that the court overturn a previous decision. A party must file this motion only if they have a valid reason for their request. Otherwise, the court will dismiss the motion.
In Judgments, all such motions must be filed in the court that heard the initial case. The court clerk will usually provide the necessary forms and instructions to file the motion.
How To Remove An Abstract Of Judgment In West Virginia
A judgment debtor can remove an abstract of judgment (also called a judgment lien) from their property by paying the judgment or vacating the court's decision. If the debtor satisfies the judgment, the judgment creditor must file a Release of Judgment to inform the court to close the matter and remove the lien. The debtor may also contest the judgment if they believe and can prove that the decision was entered unfairly. If the court overturns a judgment, then the abstract of judgment will be removed.
How Long Is a Judgment Good For In West Virginia
A judgment issued by a court in West Virginia may be executed within ten years of the date of its entry. It is also possible to renew the judgment for another ten years.
West Virginia Judgment Statute of Limitations Law
Chapters 38 and 55 of the West Virginia Code establish the statute of limitations law for enforcing a judgment. This time starts running from the date the court enters the judgment.
