Detailed Answer
Under West Virginia law, an affidavit of collection for personal property is a sworn statement asserting a right to recover or repossess items after a default or judgment. To ensure validity and certification, follow these steps.
1. Identify Your Legal Basis
Determine whether you rely on a security agreement, lease, contract clause or a court judgment. For court-ordered recovery, replevin actions follow WV Code § 38-22-3. Execution of a judgment against personal property uses WV Code § 56-3-19.
2. Draft the Affidavit
Include:
- Your full legal name, address and role (secured party, landlord, judgment creditor).
- Debtor’s or occupant’s full legal name and last known address.
- Detailed description of the personal property (make, model, serial numbers).
- Facts showing default or entitlement (e.g., missed payments, lease breach, court judgment date and docket number).
- Statement of the relief sought (possession or sale of property).
- Oath clause: “I swear under penalty of law that the foregoing is true and correct.”
3. Notarize the Affidavit
Sign the affidavit in the presence of a notary public. The notary must:
- Verify your identity according to WV Code § 29-1A.
- Administer the oath and complete the jurat certificate.
This ensures your affidavit is legally binding and admissible in court.
4. File and Certify with the Clerk
Take the notarized affidavit to the county clerk’s office where the debtor resides or where the property is located. The clerk will:
- Stamp the affidavit with filing date and case number.
- Maintain the original in the public record.
- Provide you a certified copy upon request and payment of a statutory fee.
Having a certified copy is critical for enforcement and service.
5. Serve the Affidavit and Obtain Writ
Serve the certified copy on the debtor by certified mail or via the sheriff’s office under WV R. Civ. P. 4. Then:
- If based on a court judgment, request a writ of execution or writ of replevin from the clerk.
- Pay any execution fees.
- Coordinate with the sheriff for seizure and sale or return of the property.
Following these procedures creates an enforceable path to recover personal property under West Virginia law.
Helpful Hints
- Double‐check names and descriptions for accuracy.
- Keep originals and multiple certified copies.
- Track filing and service dates to meet statute deadlines.
- Confirm clerk’s local fees and payment methods.
- Hire a process server or use the sheriff for reliable service.
- Consult West Virginia’s online code for updates: wvlegislature.gov/WVCODE.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address specific legal issues.