West Virginia Judgment: Types, Records, Duration, and What to Expect

A judgment is a court’s final ruling that resolves a dispute and sets forth the rights and obligations of all parties involved. In West Virginia, there may be consequences of civil lawsuits, property disputes, family law proceedings, debt collection, and criminal restitution cases. Once entered, they are legally enforceable and may lead to liens, wage garnishment, or poor credit history.

What Is a Judgment in West Virginia?

According to the West Virginia Civil Rule of Procedure, specifically Rule 54, a judgment includes a decree and any order from which an appeal lies. It may require the losing party to pay the amount awarded to a creditor, transfer property, or refrain from certain actions. Once recorded, judgments carry legal authority. They are also enforceable using remedies such as liens, garnishments, or levies.

A creditor may obtain a money judgment for debt recovery. Also, in a family court, a judgment may establish obligations for child support or alimony. Regardless of type, judgments in West Virginia shape legal and financial consequences until satisfied or expired under state law.

Types of Judgments in West Virginia

West Virginia courts issue different categories of judgments depending on the case type:

1. Money Judgments

Money judgments, being the most common type, require a debtor to pay a creditor a set amount of money. These often result from unpaid debts, breach of contract, or damages awarded in civil lawsuits.

2. Default Judgments

A default judgment is entered when a defendant fails to respond to a lawsuit or misses a scheduled court appearance. In such cases, the plaintiff wins, and the court may grant the requested relief in the complaint.

3. Property or Lien Judgments

Creditors may file a judgment lien against a debtor’s property to secure repayment. In West Virginia, liens are filed with the county clerk’s office. They are attached to real property and prevent the transfer or refinancing of such property until debts are paid in full.

4. Family Court Judgments

Family-related judgments involve orders given to ensure compliance with custody, spousal, or child support obligations. These are enforced through wage withholding, property liens, or contempt proceedings if obligations are not met.

5. Criminal Restitution Judgments

West Virginia courts may issue restitution judgmentsin criminal cases. This sets forth monetary obligations that offenders are required to pay victims for financial losses. Furthermore, the court ensures that they remain enforceable until fully satisfied.

How to Search for Judgments in West Virginia

In West Virginia, judgment records are non-confidential and may be accessed via:

1. Clerk of Court Offices: Each county’s Circuit Court Clerk maintains judgment records. Therefore, in-person searches are available, and certified copies may be obtained at the clerk’s office for a fee.
2. West Virginia Judiciary Online Case Search Portal: The Online Case Search Portal provides access to civil, family, and criminal case records, including judgments. A search may be conducted on this platform using the names of parties involved or the case number.
3. County Clerk’s Land Records: For lien-related judgments, property records may be obtained at county clerk offices.
4. Third-Party Services: These platforms provide access to records remotely. Although obtaining records may be more affordable compared with official sources, individuals are required to verify if the information on the sites is up-to-date. Alternatively, the courthouse serves as the repository for certified copies of records.

In general, the following information is available on West Virginia judgment records:

• Case number
• Names of the parties
• Court location
• Date of judgment
• Amount owed or type of relief granted

Judgment Records in Major West Virginia Counties

While West Virginia maintains a centralized judicial system, county clerks of courts play key roles in obtaining certified court records:

• Kanawha County (Charleston): Judgment records are available through the West Virginia Judiciary portal and at the county Circuit Court Clerk's Office.
• Monongalia County (Morgantown): Judgments are available online and through the local Circuit Court Clerk Office.
• Cabell County (Huntington): Judgment records are accessible through the statewide portal and the county courthouse located at 5th Avenue, Suite 300, Huntington, WV 25701-2072.

The West Virginia Judiciary Online Case Search Portal serves as a tool to find electronic case information in West Virginia, although certified copies of records may be requested locally.

How Long Does a Judgment Last in West Virginia?

The West Virginia Code §38-3-18 governs the duration and enforceability of judgments in the state. In West Virginia, a civil judgment is valid and enforceable for 10 years from the date of entry. Creditors may renew the judgment before expiration if they initiate legal remedies such as levies or garnishments. Within this 10-year window, creditors may extend enforceability for another 10 years. This renewal process may continue indefinitely if creditors take the necessary steps and documentation to maintain it.

During the enforceable period, creditors can pursue liens, garnishments, and levies. For debtors, unresolved judgments may impact property ownership, creditworthiness, and financial stability.

What Happens After a Judgment Is Entered in West Virginia?

Once a judgment is entered, creditors gain collection rights, and debtors face financial and legal obligations.

For Creditors:

• Wage Garnishment: Creditors may request a court order requiring employers to withhold a percentage of a debtor’s wages until they satisfy the financial obligation required. West Virginia law limits the percentage of wages that may be garnished by a creditor.
• Judgment Liens: Creditors may record liens against real estate. This means that they may withhold the property for collateral and sell it to recover debt if necessary. This is usually done to prevent the sale or refinancing of such property until the judgment is satisfied.
• Bank Levies: Creditors have the legal authority to seize funds directly from a debtor’s bank account with court approval.

For Debtors:

• Credit Reporting: Judgments may appear on credit reports, and they typically lower scores and limit financial opportunities.
• Satisfaction of Judgment: Once repayment is complete, creditors are required by statute to file a Satisfaction of Judgment with the court. This dismisses any further obligation from the debtor.
• Appeals or Motions to Vacate: A debtormay appeal or file a motion to vacate a judgment if it was entered unfairly. This often happens when the debtor was not served with proper notice.