Rule 69.Executions and other final process; proceedings in aid thereof

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 69 makes a writ of execution (or suggestee execution) the process for enforcing a money judgment under existing West Virginia practice, subject to specific return deadlines, provides a writ of possession for judgments awarding property, and lets a judgment creditor obtain discovery from any person, including the judgment debtor, to aid collection.

Full Text of Rule 69

Text sizeJump to: (a) (b)

(a) In general.

(1) For payment of money. Process to enforce a judgment for the payment of money shall be a writ of execution, a writ of suggestee execution and such other writs as are provided by law. The procedure on execution and other such final process, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution or such other final process shall be in accordance with the practice and procedure prescribed by the laws of the State existing at the time the remedy is sought, subject to the following qualifications: (1) A writ of execution shall be made returnable not less than 30 days nor more than 90 days after issuance, as directed by the person procuring issuance of the writ; and (2) an answer to a summons issued in a suggestion proceeding shall be served upon the plaintiff within 21 days after service of the summons; and (3) a return on a writ of suggestee execution shall be made promptly on the expiration of one year after issuance of the writ.

(2) For possession of property. When any judgment or order is for the delivery of possession of property, the party entitled to the benefit of such judgment or order may have a writ of possession upon application to the clerk, which shall be promptly executed and a return on such writ made within 21 days after issuance of the writ.

(b) Obtaining discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person-including the judgment debtor-as provided in these rules, in addition to that provided by statute.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Winning a money judgment is only the first step; Rule 69 governs how it gets collected. Enforcement runs through a writ of execution, a writ of suggestee execution, or other writs the law provides, following West Virginia's existing execution practice — with a few built-in deadlines: a writ of execution has to be returnable between 30 and 90 days after issuance, an answer to a suggestion-proceeding summons is due within 21 days of service, and a return on a writ of suggestee execution is due promptly after one year from issuance. A judgment awarding possession of property, rather than money, gets enforced through a writ of possession the clerk issues on application, executed and returned within 21 days.

Collecting on a judgment often means finding out what the debtor has. Rule 69(b) lets the judgment creditor — or a successor whose interest is of record — obtain discovery from any person, including the judgment debtor, using the same discovery tools these rules provide, on top of whatever statutes separately allow.

Frequently Asked Questions

How is a money judgment enforced in West Virginia?

Through a writ of execution, a writ of suggestee execution, or other writs the law provides, following existing state practice and subject to specific return deadlines.

What enforces a judgment awarding possession of property instead of money?

A writ of possession, issued by the clerk on application and executed and returned within 21 days.

Can I get discovery from someone other than the judgment debtor to help collect a judgment?

Yes. Rule 69(b) lets a judgment creditor obtain discovery from any person, not just the judgment debtor, in aid of the judgment or execution.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 69). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: writ of executionjudgment enforcement West Virginiapost-judgment discovery