A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances.
West Virginia Lien on Real Property Regarding Judgment in a Federal Court
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Involuntary Lien: A lien imposed against property without consent of the owner. Taxes, special assessments, federal income tax liens, and State tax liens are examples of involuntary liens.
A judgment lien is a type of non-consensual lien (a lien that attaches to a property without the owner's agreement). It's created when someone wins a lawsuit against the property owner and then records the judgment against an asset such as a house, land, bank account, or other personal assets.
Mechanics liens in West Virginia need to be filed and recorded in the county clerk's office in the county where the property is located. Each clerk's office will have its own filing fees and other specific requirements.
WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.
A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
A judgment lien is a type of non-consensual lien (a lien that attaches to a property without the owner's agreement). It's created when someone wins a lawsuit against the property owner and then records the judgment against an asset such as a house, land, bank account, or other personal assets.
Limitations Period The statute of limitations is ten years for enforcing a judgment in West Virginia (W. Va.
Judgment liens are involuntary, general liens. If a lawsuit results in a money judgment against the loser, the winner (judgment creditor) may obtain a lien against the loser's (the judgment debtor's) property.
