How do I collect a judgment from an individual who does not have assets?

Collecting a judgment from an individual who does not have assets can be difficult. In West Virginia, you might be able to garnish wages from their employer, if they are employed, and attach their bank account if they have one. If either of these forms of collection is successful, the judgment debtor should be served with a notice of garnishment or attachment from the court. In the event that the individual has no wages, bank accounts, or other assets, then the judgment is uncollectible. However, if a debt is discharged through bankruptcy, the debt is eliminated from the debtor’s record. If the debtor has not declared bankruptcy, then you may want to consider filing a lien on the debtor’s real estate, which will give you a legal interest in the property and the right to foreclose on the property in the future. Doing this may grant you access to some of the debtor’s assets, depending on the market value of the real estate. Finally, if the court has determined the debtor is able to pay, you may be able to bring them back to court and have the court order periodic payments of the debt. In the end, it is important to remember that collecting a judgment from an individual who does not have assets can be difficult. Therefore, it is best to consult with a qualified attorney to discuss the best collection strategies that are available to you and to guide you through this process.

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