West Virginia § 38-3-9 - 38-3-9. Enforcement of judgment lien by suit.
Full text of West Virginia West Virginia Code § 38-3-9 — 38-3-9. Enforcement of judgment lien by suit., with citation guidance and answers to common questions.
§ 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, That such 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.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 38-3-9
What does West Virginia Code § 38-3-9 cover?
Section 38-3-9 ("38-3-9. Enforcement of judgment lien by suit.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 38-3-9?
A common citation format is "West Virginia Code § 38-3-9" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 38-3-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.