How to Collect on a Judgment in West Virginia
Collecting on a judgment in West Virginia can be a challenging process, but it is essential to ensure that you receive the compensation you are entitled to. Whether you have won a lawsuit or have been awarded a judgment, it is crucial to understand the steps involved in collecting on that judgment. This article will guide you through the process of collecting on a judgment in West Virginia, providing you with valuable information and tips to help you navigate this complex issue.
1. Verify the Judgment
Before you begin the collection process, it is important to verify that the judgment is valid and enforceable. This means that the judgment has been entered into the court records and is legally binding. You can do this by contacting the court clerk’s office where the judgment was issued. Ensure that the judgment is still active and has not been appealed or overturned.
2. Identify the Debtor’s Assets
To collect on a judgment, you need to identify the debtor’s assets. This can include real estate, vehicles, bank accounts, and other personal property. You can request a judgment debtor’s examination from the court, which will require the debtor to provide information about their assets. Additionally, you can conduct your own investigation by searching public records, such as property tax records and vehicle registration databases.
3. Garnish Wages
One of the most common methods of collecting on a judgment is to garnish the debtor’s wages. This involves sending a wage garnishment order to the debtor’s employer, which requires them to deduct a portion of the debtor’s wages and send it directly to you. In West Virginia, the maximum garnishment amount is 25% of the debtor’s disposable income, or the amount by which the debtor’s disposable income exceeds 30 times the federal minimum wage, whichever is less.
4. Levy on Bank Accounts
If the debtor has funds in a bank account, you can levy on those funds to satisfy the judgment. To do this, you must file a writ of execution with the court, which will allow you to seize the funds in the debtor’s bank account. Once the bank receives the writ, they must freeze the funds and hold them until the judgment is satisfied.
5. Sell Property
If the debtor owns property, such as real estate or vehicles, you may be able to sell the property to satisfy the judgment. This process involves filing a lis pendens, which is a public notice that the property is subject to a judgment lien. Once the lis pendens is filed, you can proceed with the sale of the property and use the proceeds to satisfy the judgment.
6. Hire a Professional Collector
Collecting on a judgment can be a time-consuming and complicated process. If you are unable to collect the judgment on your own, consider hiring a professional collection agency or attorney. These professionals have the experience and resources to help you navigate the collection process and ensure that you receive the compensation you are owed.
In conclusion, collecting on a judgment in West Virginia requires a thorough understanding of the legal process and the available methods for collecting on a judgment. By following these steps and seeking professional assistance when needed, you can increase your chances of successfully collecting on your judgment.
