How to Collect a Small Claims Judgment in West Virginia

Winning a judgment in West Virginia Magistrate Court feels like the finish line — until the debtor ignores the order and your money stays uncollected. The court won't chase the debtor for you. That job falls entirely on your shoulders.

The 20-Day Waiting Period

After the magistrate enters judgment, a mandatory 20-day appeal window begins. During those 20 days, the Magistrate Court Clerk cannot issue any enforcement paperwork. The debtor can file a Motion to Set Aside, request a new trial, or appeal to Circuit Court. If they file a timely appeal and post the required bond, enforcement stays frozen until the appeal resolves.

Once day 21 arrives without an appeal or motion, the judgment becomes final and you can start collecting.

Voluntary Payment First

Before pulling out enforcement tools, consider sending a written payment demand. Include the case number, court name, judgment entry date, the exact amount owed (principal, awarded court costs, and accrued interest), and payment instructions. This isn't legally required, but it sometimes works — and it documents your good-faith effort if things escalate.

Identify What the Debtor Owns

If voluntary payment fails, you need to find out what assets the debtor has. West Virginia Magistrate Courts use Rule 27 post-judgment interrogatories — written questions that force the debtor to disclose their employer, bank accounts, real property, and vehicles under oath. File these through the Magistrate Court that entered your judgment. If the debtor ignores them, contempt proceedings become an option.

You can also search public records yourself: county property assessments, Secretary of State business entity filings, and DMV records can all reveal what the debtor owns.

Choose Your Enforcement Tool

West Virginia gives judgment creditors three primary options, and you can pursue more than one:

Suggestee Execution (wage garnishment): If the debtor has a job, you can garnish their wages by filing Form SCA-C&M640NP. The garnishment runs continuously for one year. West Virginia caps the weekly deduction at the lesser of 20% of disposable earnings or the amount exceeding 50 times the federal minimum wage ($362.50/week at $7.25/hr). Filing fee: $5.

Bank Suggestion: If you know where the debtor banks, a Suggestion summons served on the bank directs it to freeze non-exempt funds up to the judgment amount. The bank must respond within 21 days. Be aware that the debtor can claim a $1,100 exemption on bank deposits under W. Va. Code § 38-8-1, and federal benefits like Social Security are automatically protected.

Writ of Execution (property seizure): The County Sheriff seizes and auctions the debtor's non-exempt personal property. Filing fee: $5. The sheriff handles the levy, inventory, and public sale. If no leviable assets exist, the sheriff files a "nulla bona" (no-property) return — documentation that lets you try again later.

Judgment Lien on Real Estate: File an Abstract of Judgment with the County Commission Clerk in any county where the debtor owns property. This creates a lien that attaches to current and future real estate in that county. Forcing a sale requires a separate Circuit Court action, but the lien protects your interest when the property eventually sells.

Track Interest and Costs

Post-judgment interest accrues automatically at 6.25% per year for 2026 (set annually by the West Virginia Supreme Court of Appeals). Court costs you advance — filing fees, service fees, sheriff expenses — add to the recoverable balance. Keep a ledger of every dollar spent enforcing the judgment.

Close the Case

Once the debtor pays in full, you're legally required to file Form SCA-M657 (Release of Judgment) with the Magistrate Court Clerk. If you recorded a judgment lien with the County Commission Clerk, file a certified copy of the release there too to clear the title.

West Virginia judgments remain enforceable for 10 years, with options to extend through a writ of scire facias. If collection stalls because the debtor has nothing today, you have time to wait for their circumstances to change.

The complete West Virginia judgment collection guide walks through each enforcement tool with the exact forms, fees, and filing steps — plus worksheets for tracking interest and payments.

See more West Virginia guides →