West Virginia Code § 38-7-1

Filing of affidavit; prejudgment hearing; seizure of property
Open in Lexace · Ask the AI about this section
In any civil action for the recovery of any claim or debt arising out of contract, or to recover
damages for any wrong, the plaintiff, after service of the summons upon the defendant, or at
any time thereafter and before judgment may have an order of attachment against the
property of the defendant, on filing with the clerk of the court in which such action,
proceeding or suit is about to be or is brought, his own affidavit or that of soeme credible
person, stating the nature of the plaintiff's claim and the amount, at the least, which the
affiant believes the plaintiff is justly entitled to recover in the action, prroceeding or suit, and
also that the affiant believes that some one or more of the grounds mentioned in the next
following section of this article exist for such attachment: Provided, That in any action where
the plaintiff shall give bond for the purpose of having the officer take possession of the
personal property levied upon, as provided in section eight otf this article, such officer may
not take possession of the personal property attached under section eight of this article
unless and until a prejudgment hearing shall have been held, for which proper notice shall
be given the defendant and which shall be held in not less than five days nor more than ten
days after the filing of the affidavit; which hearing shall be held to ascertain specific facts as
to the nature of the obligation under which the plaintiff claims a right to possession, and to
establish facts justifying the seizure, under one or more of the grounds set forth in section
two of this article.

‹ 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.