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.
Structure West Virginia Code
§38-3-1. Effect of Decrees and Orders; Enforcement
§38-3-2. Decree or Order for Payment of Money; Enforcement by Execution
§38-3-3. Meaning of Word "judgment."
§38-3-4. Abstracts of Judgments; Damages or Penalty for Failure of Clerk or Justice to Deliver
§38-3-6. Lien of Judgment on Real Estate
§38-3-8. Notation of Executions on Judgment Lien Docket
§38-3-9. Enforcement of Judgment Lien by Suit
§38-3-11. Same -- Publication of Notice to Lienholders
§38-3-12. Same -- Duties of Commissioner
§38-3-13. Same -- Confirmation of Report; Decree of Rental or Sale and Distribution
§38-3-14. Same -- Judgment Against Debtor Pending Suit
§38-3-15. Same -- Other Proceedings Commenced Pending Suit
§38-3-16. Order of Liability of Real Estate
§38-3-17. Judgment Liens Commencing on Same Day