CHAPTER 55. ACTIONS, SUITS AND ARBITRATION;
ARTICLE 14. UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
In this article "foreign judgment" means any judgment, decree
or order of a court of the United States or of any other court
which is entitled to full faith and credit in this state.
§55-14-2. Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance
with an act of Congress or the statutes of this state may be filed
in the office of the clerk of any circuit court of this state. The
clerk shall treat the foreign judgment in the same manner as a
judgment of any circuit court of this state. A judgment so filed
has the same effect and is subject to the same procedures, defenses
and proceedings for reopening, vacating or staying as a judgment of
a circuit court of this state and may be enforced or satisfied in
like manner: Provided,
That notwithstanding any other provision of
this article to the contrary, a citizen of this state shall be
entitled to the same exemption from execution, attachment or
seizure and sale as a citizen of the state where the original
judgment was entered. A debt collector seeking to enforce a
foreign judgment in this state shall ensure that any suggestee
execution or other legal process seeking to seize property of a
debtor pursuant to a foreign judgment shall clearly state, on the
face of the petition or other filing, any property exempt in the
state in which the original judgment was entered and it shall
specify that the property is exempt from execution, attachment or
seizure and sale in this state. Any person seeking to enforce a
foreign judgment in this state who violates any provision of this
section shall be liable to the person against whom the judgment is
sought to be enforced for actual damages and, in addition thereto,
shall be liable to such person for a penalty in an amount not more
than one thousand dollars. Any person seeking to enforce a foreign
judgment in this state who willfully violates any provision of this section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars or
confined in jail not more than one year, or both fined and
§55-14-3. Notice of filing.
(a) At the time of the filing of the foreign judgment, the
judgment creditor or his lawyer shall make and file with the clerk
of the circuit court an affidavit setting forth the name and last
known post-office address of the judgment debtor and the judgment
(b) Promptly upon the filing of the foreign judgment and the
affidavit, the clerk shall mail notice of the filing of the foreign
judgment to the judgment debtor at the address given and shall make
a note of the mailing in the docket. The notice shall include the
name and post-office address of the judgment creditor and the
judgment creditor's lawyer, if any, in this state. In addition,
the judgment creditor may mail a notice of the filing of the
judgment to the judgment debtor and may file proof of mailing with
the clerk. Lack of mailing notice of filing by the clerk shall not
affect the enforcement proceedings if proof of mailing by the
judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign
judgment filed hereunder may issue until thirty days after the date
the judgment is filed.
(a) If the judgment debtor shows the circuit court that an
appeal from the foreign judgment is pending or will be taken, or
that a stay of execution has been granted, the court shall stay
enforcement of the foreign judgment until the appeal is concluded,
the time for appeal expires or the stay of execution expires or is
vacated, upon proof that the judgment debtor has furnished the
security for the satisfaction of the judgment required by the state
in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground
upon which enforcement of a judgment of any court of this state
would be stayed, the court shall stay enforcement of the foreign
judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment which is required in this
Fees for filing, docketing, transcription or other enforcement
proceedings shall be as provided for in section eleven, article
one, chapter fifty-nine of this code.
§55-14-6. Optional procedure.
The right of a judgment creditor to bring an action to enforce
his judgment instead of proceeding under this article remains
§55-14-7. Uniformity of interpretation.
This article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those
states which enact it.
§55-14-8. Short title.
This article may be cited as the "Uniform Enforcement of
Foreign Judgments Act."
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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