West Virginia Satisfaction of Judgment

State:
West Virginia
Control #:
WV-RH-208-16
Format:
PDF
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A12 Satisfaction of Judgment

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FAQ

Potentially, a judgment can effectively become permanent; many states allow creditors to renew their judgments. So, if a creditor gets a court order or files an affidavit or other document, it can renew the judgment for another cycle. In some states, creditors are allowed to renew a judgment once or twice.

The purpose of an abstract of judgment is to create a public record and create a lien or claim if necessary on any real estate property owned or later acquired by the defendant located in the county in which the abstract of judgment is recorded.

Renew the judgment Money judgments automatically expire (run out) after 10 years.If the judgment is not renewed, it will not be enforceable any longer and you will not have to pay any remaining amount of the debt. Once a judgment has been renewed, it cannot be renewed again until 5 years later.

A Writ of Execution is another effect of an Abstract of Judgment. A Writ of Execution allows the grantee's personal property to be sold to satisfy the judgment. Like the Writ of Garnishment, a Write of Execution can be used in cases where the grantee (or debtor) has no real property against which a lien can be placed.

How long does a judgment lien last in California? A judgment lien in California will remain attached to the debtor's property (even if the property changes hands) for ten years.

The debtor must get a discharge or release of the abstract of judgment to remove the lien from the home. Contact the judgment creditor shown on the abstract. Arrange to pay the debt in full or negotiate payments. Ask the creditor for a discharge if paying in full.

The wise judgment creditor will make sure it is renewed at least every 10 years or it will expire. Note that any liens created by filing and recording an Abstract of Judgment must also be renewed.When the judgment is renewed, the interest that has accrued will be added to the principal amount owing.

California allows the judgment to last ten years and it can be renewed for an additional ten years if the creditor files the required forms in a timely fashion. Failure to renew the judgment prior to the ten-year time limit voids the judgment forever.

Finding out if a judgment has been renewed has been made easy by access to online court records in every state. Check the court records to find out if a judgment has been renewed. If your creditor has renewed the judgment he will do so at the court where the judgment was first issued.

Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.

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West Virginia Satisfaction of Judgment