West Virginia Code § 38-3-9

Enforcement of judgment lien by suit
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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 frome 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 surch real estate, or any
part thereof, to be sold and the proceeds applied to the discharge of the judgment.

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