Steps to Take After Receiving an Eviction Judgment in Kanawha County, WV
By Jennifer McQuerrey for SmallTownLandlord.com
Updated: December 29, 2024
Congratulations on successfully obtaining an eviction judgment. While this is a significant milestone, it’s not the end of the process. Here’s what you need to do next to enforce the judgment and recover your losses. This guide covers steps to remove tenants who won’t leave, collect money owed, and ensure the judgment is reported properly.
Step 1: Removing the Tenant if They Won’t Leave
Obtaining a Writ of Possession
1 Request the Writ: After the judgment, file a "Request for Writ of Possession" with the Magistrate Clerk. The Magistrate will issue the writ, giving legal authority to remove the tenant.
2 Timeline: The tenant is typically given 1-10 days to vacate after the judgment. Once the writ is issued, it’s enforceable immediately.
3 Delivery to the Sheriff: Take the writ to the Kanawha County Sheriff’s Office for execution. Pay $30 fee.
Enforcement by the Sheriff
• The sheriff’s deputies will visit the property to supervise the tenant’s removal. They will contact you with the scheduled time.
• Be prepared to change locks immediately once the tenant is removed. Bring a locksmith or tools.
Step 2: Filing an Abstract of Judgment
What is an Abstract of Judgment?
An abstract ensures the judgment becomes a lien against the tenant’s real property in Kanawha County. This can prevent them from selling or refinancing property without paying you first.
How to File:
1 Obtain the "Abstract of Judgment" form from the Magistrate Clerk.
2 File the completed form with the Kanawha County Clerk’s Office.
3 Pay the filing fee (typically $15-$25).
Why It’s Important
Even if the tenant has no property now, the lien may attach to future acquisitions, giving you leverage for repayment.
Step 3: Collecting on the Judgment
Wage Garnishment
1 File a Garnishment Request: Submit a "Suggestion for Wage Garnishment" to the court where the judgment was issued.
2 Information Needed: You must know the tenant’s employer.
3 Limits: West Virginia law caps garnishments at 20% of disposable income or the amount exceeding 30 times the federal minimum wage, whichever is less.
Bank Account Garnishment
1 File a "Bank Levy" request with the court.
2 Provide the tenant’s bank account information (obtainable from prior rent checks or payments).
3 A court order will freeze the account, allowing you to collect funds owed.
Seizing Personal Property
1 File a "Writ of Execution" to seize and sell the tenant’s non-exempt personal property.
2 A sheriff will oversee the process, including scheduling a public auction.
3 Note: Exemptions apply to certain personal items like clothing and tools of trade.
Step 4: Reporting the Judgment to Credit Agencies
Automatic Reporting
Some courts automatically report judgments to credit bureaus. Check with the Kanawha County Magistrate Clerk to confirm.
Manual Reporting
1 Contact the three major credit bureaus: Experian, Equifax, and TransUnion.
2 Provide a copy of the judgment and any supporting documents.
3 There may be a fee for this service.
Why It Matters
Reporting the judgment impacts the tenant’s credit score, creating additional motivation for repayment and protecting other landlords.
Step 5: Maintaining Accurate Records
Keep All Documentation
• Retain copies of:
◦ Court filings
◦ Proof of service
◦ Judgment orders
◦ Payment receipts
Monitor the Case
Periodically check court records to ensure compliance with orders and track any new filings by the tenant (e.g., appeals or bankruptcy).
Additional Tips for Recovery Payment Plans
If the tenant expresses willingness to pay, consider setting up a formal payment plan. Ensure all agreements are documented and signed.
Tax Deduction for Losses
If recovery is unsuccessful, consult your accountant about writing off the unpaid judgment as a business loss.
Small Claims Court
• For amounts under $10,000 not covered by the initial judgment, you can file additional claims in Magistrate Court.
For more landlord tips and resources, visit SmallTownLandlord.com.
