38-5-1 Ascertainment by interrogatories of estate upon which fieri facias or execution is a lien and of real estate to which judgment debtor is entitled
38-5-2 Time of return of summons and appearance of debtor
38-5-3 Record of examination by commissioner; objections and rulings thereon
38-5-4 Conveyance of real estate outside state and delivery or assignment of personal estate to officer
38-5-5 Compelling debtor to answer
38-5-6 Report by commissioner
38-5-7 Orders concerning disposition of property conveyed, delivered or assigned to officer
38-5-8 Sale of real estate conveyed to officer
38-5-9 Disposition of personal property and collection of debts
38-5-10 Suggestion on judgment; summons against person suggested
38-5-11 Officer’s return of summons
38-5-12 Discharge of liability of person suggested on negotiable instrument
38-5-13 Contents of answer of person suggested; verification
38-5-14 Discharge of person suggested by payment of money or delivery of property; officer’s receipt
38-5-15 Order of court for payment by person suggested
38-5-16 Effect of order of court as judgment
38-5-17 Failure of person suggested to answer
38-5-18 Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs
38-5-19 Return by officer as to money received in suggestion proceedings; disposition of money
38-5-20 Suit for recovery of property or debt subject to lien
38-5-21 Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor
38-5-22 Disposition of leviable property recovered in suit
38-5-23 Additional executions
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Terms Used In West Virginia Code > Chapter 38 > Article 5 - Proceedings in Aid of Execution; Interrogatories; Suggestion

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.