West Virginia Abstract of Judgment is a legal term that refers to an important document in the realm of debt collection and enforcement in the state of West Virginia. It is a written order issued by a court that allows a judgment creditor (the party who won a legal case and is owed money by the judgment debtor) to secure the debt owed to them by creating a lien on the judgment debtor's property. This lien serves as a legal claim on the debtor's real estate or personal property, ensuring that the creditor can receive payment from the proceeds if the property is sold. The West Virginia Abstract of Judgment outlines crucial details such as the names of the parties involved, the court case number, the date of the judgment, the amount owed, and any interest accrued. This document acts as a public record, filed with the county clerk's office in the county where the judgment is granted, turning the judgment into a searchable lien against the debtor's property. It is worth noting that West Virginia recognizes two types of Abstract of Judgment: Real Estate Abstract of Judgment and Personal Property Abstract of Judgment. 1. Real Estate Abstract of Judgment: This type of abstract places a lien on the judgment debtor's real property, including land, houses, and buildings. Once recorded at the county clerk's office, it binds the debtor's real estate, preventing them from selling or transferring ownership without satisfying the debt to the judgment creditor. 2. Personal Property Abstract of Judgment: Unlike the Real Estate Abstract, this type of abstract secures the debt by creating a lien on the debtor's personal property such as vehicles, equipment, or other valuable possessions. It grants the judgment creditor the right to execute and seize the personal property to satisfy the judgment debt. In summary, the West Virginia Abstract of Judgment is a crucial legal document that enables judgment creditors to protect their financial interests by creating a lien on the debtor's property, whether it is real estate or personal belongings. By recording this document with the county clerk's office, the creditor ensures their right to claim payment from the proceeds if the property is sold or the personal belongings are seized.
West Virginia Abstract of Judgment
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- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c)Motion and proceedings thereon.
Under Rule 56(c) of the West Virginia Rules of Civil Procedure, summary judgment is proper only where the moving party shows by "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, . . . that there is no genuine issue as to any material fact and that the ...
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.
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.
If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.
Enforcing civil judgments in WV requires following the legal process for asserting a claim, obtaining a money judgment, and then taking steps to secure payment.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.