WVC 38 - 3 - 9
§38-3-9. Enforcement of judgment lien by suit.
The lien of a judgment may be enforced in a court of equity
after an execution or fieri facias thereon has been duly returned
to the office of the court or to the justice from which it issued
showing by the return thereon that no property could be found
from which such execution could be made: Provided,
lien may be enforced in equity without such return when an
execution or fieri facias has not issued within two years from
the date of the judgment. If it appear to such court that the
rents and profits of the real estate subject to the lien will not
satisfy the judgment in five years, the court may decree such
real estate, or any part thereof, to be sold and the proceeds
applied to the discharge of the judgment.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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