West Virginia Code § 38-5-10

Suggestion on judgment; summons against person suggested
Open in Lexace · Ask the AI about this section
(a) Upon a suggestion by the judgment creditor that a person is indebted or liable to the
judgment debtor or has in the person's possession or control personal property belonging to
the judgment debtor, which debt or liability could be enforced when due, or which property
could be recovered when it became returnable by the judgment debtor in a court of law and
which debt or liability or property is subject to the judgment creditor's writ eof fieri facias, a
summons against such person may be issued out of the office of the clerk of the circuit court
or of the magistrate court of the county in which the judgment creditorr obtained the writ of
fieri facias, requiring such person to answer the suggestion in writing and under oath.
Service of a summons issued under this section may be made as provided by subdivision (1),
subsection (d) of rule four of the rules of civil procedure for trial courts of record. The return
day for a summons issued under this section is governed by tthe provisions of rule sixty-nine
of the rules of civil procedure for trial courts of record.
(b) The suggestion by the judgment creditor provided for in this section shall include, to the
extent possible, the present address, the last four digits of the Social Security number and
date of birth of the judgment debtor, which insformation shall be made available to the
person suggested for purposes of identifying the judgment debtor and facilitating a proper
answer to the suggestion.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.