38-4-1 Executions against corporations
38-4-2 Executions on joint judgments
38-4-3 Execution for benefit of person other than plaintiff
38-4-4 Writs of possession and fieri facias on judgments for specific property
38-4-5 Execution or fieri facias on money judgment
38-4-6 On what fieri facias may be levied
38-4-7 How currency or bank notes shall be accounted for
38-4-8 Commencement and duration of lien of fieri facias
38-4-9 Purchaser for value and without notice before levy takes free of lien; payment or delivery to debtor without notice is without liability
38-4-10 Docketing as constructive notice
38-4-11 Docketing of execution
38-4-12 Exemption from execution
38-4-13 Indorsement of time of receipt by officer; penalty for failure to indorse
38-4-14 Order of levy and satisfaction of several writs
38-4-15 Rules concerning distress or levy
38-4-16 Officer’s return upon fieri facias
38-4-17 Resale upon default of purchaser
38-4-18 Writ of venditioni exponas; notice of sale
38-4-19 Proceeding in case of death of officer before sale
38-4-20 Time and place for sale of personal property under distraint, levy or order of court; posting or publishing notice; conduct and terms of sale
38-4-21 Adjournment of sale
38-4-22 Appraisal before sale
38-4-23 Method and terms of sale of appraised property
38-4-24 Payments on purchase money notes
38-4-25 Judgment on defaulted purchase money notes
38-4-26 Form of judgment on notes
38-4-27 Disposition of surplus received by officer; disposition of money not paid over when execution stayed
38-4-28 Liability of officer for money received under execution payable to nonresident of county
38-4-29 Successive executions
38-4-30 New execution when property sold is recovered from obligor on indemnifying bond or purchaser
38-4-31 Motion to quash execution
38-4-32 Limitation on motion for failure to return execution
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Terms Used In West Virginia Code > Chapter 38 > Article 4 - Executions

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.