West Virginia Judgment Collection Fees — What It Costs to Enforce a Judgment
Enforcement isn't free. Collecting a West Virginia judgment can involve filing, service, and levy costs that come out of your pocket first. The good news: most statutory costs are added to the judgment balance and recoverable from the debtor. The bad news: you pay upfront and wait for reimbursement that may come slowly or not at all.
Court Filing Fees
The initial civil filing fee in Magistrate Court ranges from $50 to $70 depending on the claim amount under W. Va. Code § 50-3-1. If you already won the case, you paid this at the start — and it's already part of your judgment if the court awarded costs.
Post-judgment enforcement writs cost $5 each:
- Writ of Execution (property seizure): $5
- Suggestee Execution (wage garnishment): $5
- Suggestion (bank garnishment): $5
- Abstract of Judgment (real estate lien): varies by county recording fees
These $5 fees are set by W. Va. Code § 50-3-1(b) and apply regardless of the judgment amount.
Sheriff Service Fees
The County Sheriff charges fees for serving writs and executing levies. Fees and advance payment requirements vary by county and by the work involved, so check with the Sheriff's office before requesting service or a levy. If the sheriff conducts a physical levy and sale of personal property, additional costs can include storage, advertising the auction, and officer expenses.
These costs are deducted first from the sale proceeds before any money is applied to the judgment. Ask the Sheriff's office about advance costs before requesting a levy.
Which Costs Are Recoverable
Statutory court costs and filing fees are generally added to the total judgment balance — meaning the debtor owes them on top of the original judgment. This includes the $5 writ fees, service fees, and sheriff's levy expenses you advance.
What you can't add: attorney fees (unless specifically awarded by the court), your personal time, travel expenses, or administrative costs. If you hired a lawyer or a collection agency, those fees are your expense unless the judgment specifically includes them.
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The Real Cost Calculation
For a typical small claims collection using wage garnishment:
| Cost | Amount |
|---|---|
| Post-judgment writ (suggestee execution) | $5 |
| Sheriff service and levy costs | Confirm current county fees |
| Total out-of-pocket | Depends on county service and levy costs |
If you also pursue a bank garnishment and record a judgment lien:
| Cost | Amount |
|---|---|
| Bank suggestion | $5 |
| Sheriff service on bank | Confirm current county fees |
| Abstract of Judgment recording | Confirm current County Clerk fee |
| Additional cost | Depends on county fees |
Multiple tools mean multiple fees. Before spending $100+ on enforcement, consider whether the debtor has enough non-exempt assets to make collection realistic.
Tracking Everything
Keep receipts for every fee paid. You need them for two reasons: adding costs to the judgment balance in your payment ledger, and documenting expenses if you need to return to court for additional enforcement tools.
The judgment collection guide includes a Cost-Tracking Worksheet designed for exactly this — a running ledger of every fee, with space to record the date, type, and whether the cost has been recovered.
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