West Virginia Civil Court Records

The judicial system in West Virginia consists of four distinct levels, each of which serves a unique purpose in the state.

The top level is the Supreme Court of Appeals. This court has original jurisdiction over matters involving habeas corpus, mandamus, and certiorari, as it is the only court of appeals in this state.

The West Virginia Circuit Courts are the third level. They hear all civil cases in assets, quo warranto, and all civil suits at law over $10,000 (sometimes $7,500).

In this state, the Family and Magistrate Courts share the same level. The West Virginia Family Court hears parental responsibility, divorce, and alimony cases. Additionally, it hears cases of family support, save neglect, and child abuse.

On the other hand, the Magistrate Courts have limited authority. It handles civil cases that involve less than $10,000. West Virginia has 158 Magistrates, with two in every county and ten in the state's most populated area.

Lastly, the Municipal Court is the lowest level of court in West Virginia. This court's significant role is to hear matters involving municipal ordinance infractions.

Can you get access to West Virginia Civil Court Records? The West Virginia Freedom of Information Act (FOIA) allows you to get these records without justifying your request.

Bankruptcy records in West Virginia reveal the financial details of cases that people or businesses have filed with the Bankruptcy Court.

In West Virginia, the Bankruptcy Courts of the Southern and Northern Districts are in charge of the bankruptcy claim and release and keeping track of the records.

There are several ways to file for West Virginia bankruptcy; however, the following are the most typical forms of bankruptcy chapters in the state:

Chapter 7 Bankruptcy

Only those with sufficient disposable income can file for this bankruptcy filing in West Virginia.

In Chapter 7 bankruptcy proceedings, the court appoints a trustee to oversee the sale of the debtor's non-exempt assets to satisfy the debtor's debts.

Chapter 11 Bankruptcy

People often call a bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code a "reorganization" bankruptcy. Most of the time, under this type, the debtor stays "in possession," acts as a trustee, runs its company, and may borrow money with court approval.

Chapter 13 Bankruptcy

Under this bankruptcy, also called a wage earner's plan, the debtor submits a repayment plan to the court and creditors. This plan will outline how the debtor intends to pay off the debt. The most advantageous factor of this chapter is that it allows homeowners to avoid foreclosure.

How To Find West Virginia Bankruptcy Records?

West Virginia has many ways to access bankruptcy records through the two federal Bankruptcy Courts.

You can use the Case Management and Electronic Case File (CM/ECF) to get these records from the Northern District of West Virginia Bankruptcy Court. You can look at these records for free in this system, but you must sign up with the court first.

There are also services for managing these records in the Southern District of West Virginia. In this court, there is the possibility to access these documents electronically. However, case information filed after December 1, 2003, is only available for people with their ECF login.

Alternatively, you can use the Voice Case Information System (VCIS) or the Public Access to Court Electronic Records (PACER) to get these records. Lastly, you can access these records using the public access terminals in the District Court's office.

West Virginia Civil Court Records include property liens, which are legal protections to another individual's assets due to outstanding debts.

Creditors in West Virginia utilize this property lien to collect debts or the fulfillment of an obligation. If the debtor fails to repay the creditor, they risk losing the property subject to the lien.

There are many types of liens in West Virginia, but the most common ones are:

Tax Lien

When a taxpayer owes unpaid taxes in the state that are no longer susceptible to administrative or judicial review, the state tax department will file a tax lien. Under this lien, the property owner can only sell the subject asset once they pay the tax.

Judgment Lien

With this type of property lien, a creditor can make money from selling a debtor's property. It also ensures that a person pays back a creditor who wins a verdict fairly.

West Virginia's judgment lien stays on a debtor's property for ten years.

Mechanic's Lien

If contractors and suppliers did not receive the appropriate payment on a building project in West Virginia, they could file this lien to secure the payment. It is a legal document that gives the unpaid party protection in the property.

Mortgage Lien

A West Virginia mortgage lien is a legal claim someone or an organization has on a person's home. It occurs when a homeowner obtains a mortgage loan and fails to repay it.

Under state law, a mortgage lien in West Virginia expires 35 years after the filing date. But before 35 years, the lender can renew it, and it will last for five more years.

UCC Lien

This kind of property lien is a lawsuit against another person's business or property.

If the borrower misses a payment, a creditor may seize the borrower's assets if this is on the borrower's property.

In West Virginia, a UCC lien stays attached to a property for five years.

How To Check West Virginia Property Lien Records?

In this state, each county clerk keeps and stores these records in their county. Consequently, you can visit the Clerk's Office to check property lien records after identifying the county where the property lies.

Alternatively, if you cannot visit the Clerk's Office, you can use a public records search system on the clerk's website to locate property liens. It's crucial to keep in mind, though, that not all state clerks in this state offer this service.

In addition, you can explore West Virginia UCC liens recorded against personal property using the UCC Online Filing, Search & Retrieval System made available by the Secretary of State.

You can do certified or regular searches and buy records using this system. You can contact the Business and Licensing Division for more information on how to get these records.

The West Virginia Civil Driving Violation Records are a collection of information regarding drivers' traffic violations.

The state's Division of Motor Vehicles (DMV) and the appropriate courts are responsible for making and keeping these records. These records include offenses like:

• Speeding
• Illegal U-turn
• Driving with a defective taillight or headlamp
• Closely following another vehicle
• Improper passing
• Ignoring a red light
• Refusing to concede

This infraction is different from others because it does not result in incarceration. For these offenses, the driver will get fines and points on their driving record that will stay there for two years.

How To Look Up West Virginia Civil Driving Violation Records?

West Virginia Civil Driving Violation Records are part of the driving records kept by the DMV. Therefore, if you wish to review your file, you can request a copy from the department in person, by mail, or online.

You can go to any DMV office to get these records and show proof of identity. For office locations, phone numbers, and hours, visit the DMV's Regional Offices page.

Alternatively, you could also email the department to obtain these records. When you ask for your driving record, you must send a request form, a copy of your driver's license or state-issued photo ID, and a processing fee in the mail.

Finally, you can visit the DMV's driving record portal to access your information online.

What Are West Virginia Legal Judgment Records?

The West Virginia Legal Judgment Records are court documents that provide a court's final ruling in a civil case heard in the state's court system.

A judgment, as defined by state law, is a court decree indicating the completion of a matter. It usually stresses the debt amount, the parties' obligations, and the court's justification for its decision.

The Magistrate Court Rules of Civil Procedure and Section VII of the West Virginia Judiciary Rules of Civil Procedure regulate judicial judgment admission and implementation in this state.

How To Look Up West Virginia Legal Judgment Records?

To search for legal judgment records in West Virginia, you must contact the court clerk and potentially visit the courtroom. On the West Virginia Judiciary website, you can find the locations and phone numbers of courthouses in the state.

You can also acquire copies by phone or mail if you choose not to visit the courthouse.

For phone requests, you must call the court clerk and give them the title or number of the case. The Clerk's Office will provide you with the total fee and payment instructions.

On the other hand, you can send written requests to the appropriate court clerk's office by mail. Some clerks have forms for requesting records. These forms may vary by location, but you must provide the following details in your request:

• Case number or name of the party/parties involved
• Your name and contact details
• Proof of record payment

The Small Claims Records of the West Virginia Civil Court Records contain every document generated during a small claims case.

In this state, the Small Claims Courts are part of the Magistrate Court that handles civil cases where the amount in question is less than $10,000. These courts hear the following matters:

• Illegal eviction or a notice to move out
• Breach of contract
• Loan payback
• Security deposit refund
• Professional negligence
• Personal harm
• Personal property damage

To start a small claims case in West Virginia, you must file a Civil Complaint Form. You can get this form at the Clerk's Office or online. To fill out the form, you will need to know the exact name and address of the defendant.

In addition, it should provide a concise explanation of the rationale for the claim and the amount sought from the defendant. After filling it out, you must take it to the proper court location and pay the filing fee.

After filing, each party's summons, claims, affidavits, docket sheets, and witness testimony will be part of the West Virginia Small Claims Records.

How To Look Up West Virginia Small Claims Records?

There is only one method for accessing West Virginia Small Claims Records.

In this state, the Magistrate Court Clerk's Office is responsible for keeping these records. So, if you want to get these records, visit the courthouse that handled the claim.

On the West Virginia Judiciary website, you can use the country map to find the locations of all Magistrate Courts in the state.

Divorce court records in West Virginia are legal documentation establishing the dissolution of marriages in the state's courts.

If you or your spouse live in West Virginia, a state court can decide your divorce case if you were married there. However, if you married outside the state, a court can consider your divorce claim provided you and your spouse had lived there for a year before the case begins.

If you want to learn more about divorce in this state, you can read this information. You can also learn about West Virginia's divorce grounds on this page. 

Similarly, if you intend to file for divorce in West Virginia, the Judiciary has the necessary court forms.

Unlike other states, West Virginia does not issue divorce certificates for marriage dissolution finalized. Instead, it provides the following form of divorce court records:

Divorce Decree

This divorce decree is a court document issued after a divorce proceeding that affirms the legal status of a marriage dissolution.

It lists the names of the people getting divorced and the date and place of the divorce. In addition, it includes specific information on the divorce terms, such as the following:

• Asset division
• Spousal alimony
• Visitation and custody rights
• Child assistance

Only the identified parties, their adult children, or chosen legal advisors in this state may obtain a copy of the divorce decree.

Divorce Records

West Virginia divorce records include all papers introduced and generated during the case's pre-trial, trial, and conclusion phases.

This divorce document has all the same information as the divorce decree, plus:

• Reports
• Motions
• Assessments
• Summons
• Evidence
• Orders
• Transcript
• Witness testimony

In this state, divorce records remain private for 50 years. During this period, divorced persons, their close family members, and attorneys can view these documents.

How To Look Up West Virginia Divorce Court Records?

To look up and get copies of these records, you must go to the Office of the Clerk in the Family Court that handled the divorce.

However, note that West Virginia is a closed-records state, which means that vital records are not open to the public. As such, divorce court records in this state are not available to the public.

In addition to the individuals identified in the record, only their adult children and chosen legal representatives may receive copies of the final case documents. These people may also be able to see other court documents for the divorce case.

With legitimate court orders, however, third parties can gain access to these documents.

West Virginia Probate Court Records show a court's allocation of assets to successors or creditors and the care of dependents after an individual's death.

In this state, the probate court records contain a variety of files, including the following:

• Distributions
• Wills
• Decrees
• Bonds
• Orders
• Petitions
• Administrations
• Accounts
• Inventories

In West Virginia, you must go to the county clerk's probate office in the county where the person who died lived at the time of death to start probate. If the person who died left a will, you should also file it with the court so that the court can verify it.

After the probate clerk validates the will, you must use appropriate forms to identify and collect assets and debts.

You can read Chapter 44 of the West Virginia Code for further information on the probate process in this state.

Where can you obtain West Virginia Probate Court Records? You can request and receive copies of all probate court records by visiting the appropriate County Clerk's Probate Office. This state has recorded some probate cases in deed records and court order books.

There are currently no online databases for West Virginia Civil Court Records. However, if you wish to access and get these records, you must attend the court that handled the relevant case. These courts allow you to see and copy civil court records, but you must call ahead to confirm availability.

To find a particular court, you can visit the West Virginia Judiciary website, which has a county map with specific information about courts by county. It also shows how to contact each court, providing the addresses and judges' names.

However, if you do not intend to appear at the courthouse to receive copies of these records, you can submit your request via mail or phone.

To get copies of these records by mail, you should send a written request to the proper courthouse and county.

To make a phone request, you must contact the court clerk and submit the case number or name. The Clerk's Office will then let you know how much your request will cost and how to pay for it.