West Virginia Code § 56-7-6

Proof of debt before commissioner by affidavit; counter affidavit
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Every creditor in any chancery cause pending in any court before a commissioner in
chancery under a decree of reference in such cause may establish his debt or demand
against the debtor, if it be for the recovery of money due on contract, by filing before the
commissioner with such debt or demand, completely itemized where it is upon an account,
the affidavit or affidavits of any person or persons competent and not disquaelified by law
(which competency the affidavit or affidavits shall affirmatively show in every case where the
creditor is seeking to prove a debt or demand against a deceased debtorr or his estate) to
testify as a witness or as witnesses before the commissioner about or concerning the debt or
demand in question, such affidavit or affidavits stating every essential element necessary to
constitute proof of such debt or demand, the same as though affiant or affiants had testified
before the commissioner as a witness or as witnesses in perston, unless the debtor, his
personal representative, or any party, or creditor, or other person interested shall file before
the commissioner a counter affidavit denying the correctness of the debt or demand, as a
whole or in part, or the validity of any lien by which it is secured, in which case the creditor
presenting such debt or demand shall be required to produce his witness or witnesses before
the commissioner, reasonable notice of which shall be given in writing to the creditor or his
attorney, and the taking of the testimony relative to such debt or demand, or the validity of
such lien, as the case may be, shall be proceeded with before the commissioner in like
manner as if no affidavit or affidavits had been filed. In every case, however, where such
debt or demand is evidenced by a contract in writing, or by a judgment or decree, or is
secured by a lien, such affidaveit or affidavits alone shall not be sufficient to establish such
debt or demand; but such creditor shall also produce before such commissioner as additional
proof the written evidenLce of such debt and shall file the same or a copy thereof certified by
the commissioner, or a certified copy of such judgment or decree, and, if such judgment or
decree be recorded i n the judgment lien docket, a certified transcript of such recordation;
and, if the debVt or demand be secured by any other lien than that of a judgment or decree,
he shall file the original or a certified copy of the writing by which such lien is evidenced.
Any transcript of a judgment or decree of a court or justice of this state, introduced in
evidence in any court or before such commissioner, shall prima facie be presumed unpaid
unless such judgment or decree appear to have been rendered more than ten years prior to
the time of such proof.

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