How do I collect a small claims court judgment from a business?
In West Virginia, small claims court judgments are enforceable. This means that the court will issue a judgment in favor of the winning party and they have the right to seek a collection of the judgment. The first step in collecting a small claims court judgment from a business is to include an order for the defendant to pay the amount due in the initial court order. This ensures the business is aware of what they owe and how they must go about paying it. The next step is to file a request for payment in the circuit court. This will start the process of collecting the funds from the business. The court will then issue a notice to the business to pay the amount due. If they fail to pay within the deadline given, the court can then issue a contempt order to the business, which will cause them to be held in contempt of court until they pay the amount owed. The court can also issue a levy, which is a court-ordered garnishment of the business’s bank account or wages. The court can also attach a lien to any property the business owns in order to collect the money due. This will allow the business to transfer the property to the court as payment in full. The last step in collecting the small claims court judgment is to file a writ of execution with the court. This will force the business to pay the amount due from the funds in their possession. If they still will not pay, the court can then seize property owned by the business with a view to selling it to pay the judgment. These steps should help you collect a small claims court judgment from a business in West Virginia.
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