West Virginia Code 38-3-11 – Same — Publication of notice to lienholders
No decree for the distribution of the proceeds of real estate in a suit in equity to enforce a judgment shall be made until a notice to all persons holding liens on the real estate of the judgment debtor be published, under a decree of the court, as hereinafter provided. Such notice shall be sufficient if it be in form or effect as follows:
Terms Used In West Virginia Code 38-3-11
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
To all persons holding liens by judgment or otherwise, on the real estate, or any part thereof, of A …………. B ………….:
In pursuance of a decree of the circuit court of ……….. county, made in a cause therein pending, to subject the real estate of the said A …………… B …………… to the satisfaction of the liens thereon, you are hereby required to present all claims held by you and each of you against the said A ………….. B …………, which are liens on his real estate, or any part of it, for adjudication to me, at my office in the county (or city, town or village, as the case may be) of …………. on or before the ……. day of …………..
Given under my hand, this …….. day of ………….
C…………….. D ………………, Commissioner.
Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Publishing of such notice shall be equivalent to the personal service thereof on all persons holding liens, on any such real estate, unless the court shall, in the decree directing such notice to be so published, otherwise order.