West Virginia Judgment Debtor Examination — How to Find Debtor Assets

You won in Magistrate Court, but the debtor hasn't paid and you have no idea what they own. Before you can garnish wages or freeze a bank account, you need actual information — an employer name, an account number, a property address. West Virginia provides formal tools for getting it.

Rule 27 Post-Judgment Interrogatories

Magistrate Courts use Rule 27 of the Rules of Civil Procedure for Magistrate Courts — not the Circuit Court discovery rules, which don't automatically apply. You file written interrogatories through the Magistrate Court that entered your judgment, and the court summons the debtor to answer under oath.

The questions can cover:

• Current employer, job title, and pay frequency
• Banks and credit unions where they hold accounts
• Real property owned in any West Virginia county
• Vehicles, equipment, and other personal property
• Any debts owed to the debtor by third parties

The debtor must return sworn answers within the deadline set by the court summons. If they ignore the interrogatories entirely, you can pursue contempt proceedings under W. Va. Code § 38-5-11.

Public Records You Can Search Yourself

You don't need a court order to check public records. These are available in any West Virginia county:

County Commission Clerk (Deed Books): Recorded deeds, trust deeds, and property tax assessments reveal whether the debtor owns real estate, what it's worth on the tax rolls, and whether existing mortgages or liens already encumber it.

Secretary of State: Business entity searches show whether the debtor is an officer of a corporation, a member of an LLC, or operating under a trade name. This matters because business income and assets may be reachable depending on the entity structure.

Division of Motor Vehicles: Title and registration records confirm vehicle ownership and whether an existing lien (like a car loan) is attached.

What You Actually Need Before Filing

Each enforcement tool requires specific debtor information. A suggestee execution (wage garnishment) needs the debtor's employer name, employer address, and a redacted Social Security number — all required on Form SCA-C&M640NP. A bank suggestion needs the financial institution's name and branch. A writ of execution needs enough detail for the sheriff to locate and identify personal property.

Filing without accurate information wastes your $5 fee and the sheriff's time. If the employer name is wrong, the garnishment fails. If the bank account doesn't exist or holds only exempt federal benefits, the suggestion yields nothing.

When Assets Are in Another County

If the debtor lives or works in a different West Virginia county than where you won the judgment, you can still enforce. The Magistrate Court Clerk issues writs directed to the sheriff of the county where the debtor's assets are located. For real estate, you record the Abstract of Judgment with the County Commission Clerk in that county.

The step-by-step judgment collection guide covers the full discovery process, including exactly how to fill out Rule 27 interrogatories and what to do with each type of asset you uncover.

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