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Leins

In West Virginia, a lien is a legal claim or encumbrance on a property or asset used as security for a debt or obligation. If the debtor fails to satisfy the obligation, the lienholder may have the right to seize or sell the property to recover the owed amount. The West Virginia Code outlines different types of liens and their enforcement.

Types of Liens in West Virginia & Relevant State Code Provisions

1. Judgment Liens

A judgment lien is created when a court awards a monetary judgment to a creditor, allowing the creditor to place a lien on the debtor’s real estate.
West Virginia Code § 38-3-6 states that a judgment becomes a lien on the debtor’s real estate once it is recorded in the county clerk’s office.
West Virginia Code § 38-3-14 provides for the release of a judgment lien once the debt is paid.

2. Mechanic’s Liens

Contractors, subcontractors, and suppliers who perform work or provide materials for property improvement can file a mechanic’s lien if they are not paid.
West Virginia Code § 38-2-1 et seq. governs mechanic’s liens, including filing, enforcement, and deadlines.
West Virginia Code § 38-2-23 requires a lienholder to release the lien upon full payment.

3. Tax Liens

The state or federal government may place a tax lien on a person’s property for unpaid taxes.
West Virginia Code § 11-10-12 grants the state the authority to impose tax liens for unpaid state taxes.
Internal Revenue Code (IRC) § 6321 applies for federal tax liens.

4. Child Support Liens

Unpaid child support obligations can result in a lien against the debtor’s property.
West Virginia Code § 48-14-302 states that child support liens are automatically created when child support is unpaid and can be enforced like a judgment lien.

5. Hospital and Medical Liens

Hospitals and healthcare providers can place a lien on a settlement or judgment awarded to a patient for medical expenses.
West Virginia Code § 55-7B-9A governs medical liens.

How Liens Are Filed & Enforced in West Virginia

Filing the Lien

Most liens must be recorded in the county clerk’s office where the property is located.
Some liens (like tax liens) are filed automatically when unpaid.
Enforcement of Liens

If the debtor does not pay, the lienholder may seek foreclosure (for property liens) or garnishment (for judgment liens).  West Virginia Code § 38-4-8 provides the right to foreclose on a lien through a court process.

Releasing a Lien

Once the debt is paid, the lienholder must file a Release of Lien to remove the claim from the property records.  West Virginia Code § 38-12-10 imposes penalties if a lienholder fails to release the lien after full payment.

Key Takeaways

  • A lien is a legal claim against a debtor’s property for unpaid debts.
  • Different liens apply to real estate, judgments, taxes, child support, and medical expenses.
  • Liens must usually be filed with the county clerk to be enforceable.
  • Once a debt is satisfied, a Release of Lien must be recorded.