West Virginia Motion to Avoid Judicial Lien is a legal procedure used to stop a creditor from forcing the sale of property to pay off a debt. It is a motion to the court asking it to not allow a lien to attach to a property when it is sold or transferred to a third party. This motion is typically used when a lien has been placed on a property and the debtor wishes to avoid this lien in order to keep their property. There are two types of West Virginia Motion to Avoid Judicial Lien: a pre-judgment motion, which is filed before a judgment is entered against the debtor; and a post-judgment motion, which is filed after a judgment has been entered against the debtor.
West Virginia Motion to Avoid Judicial Lien
State:
West Virginia
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WV-SKU-0040
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Motion to Avoid Judicial Lien
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WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.
How long does a judgment lien last in West Virginia? A judgment lien in West Virginia will remain attached to the debtor's property (even if the property changes hands) for ten years.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not
A more thorough explanation: Dormant Judgment A dormant judgment is a court order that has not been enforced within the time limit set by law. This means that any judgment lien may have been lost, and execution cannot be issued unless the judgment creditor first revives the judgment.
Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b)Judgment.
A judgment lien in West Virginia will remain attached to the debtor's property (even if the property changes hands) for ten years.