38-7-1 Filing of affidavit; prejudgment hearing; seizure of property
38-7-2 Grounds of attachment
38-7-3 Statement of facts showing grounds of attachment in affidavit
38-7-4 Form of order of attachment
38-7-5 Attachment for claim not due
38-7-6 Amendment of affidavit
38-7-7 What property may be attached
38-7-8 Taking possession of personal property; plaintiff’s bond
38-7-9 Liability of officer where plaintiff’s bond given
38-7-10 Execution of plaintiff’s bond after order of attachment sued out
38-7-11 Exceptions to plaintiff’s bond
38-7-12 Form of order of attachment when bond given
38-7-13 To what officers orders may be directed
38-7-14 Execution and return of attachment; penalty for failure
38-7-15 Garnishment
38-7-16 Levy of attachment upon real estate
38-7-17 Contents of officer’s return of attachment
38-7-18 Attachment on Sunday or holiday
38-7-19 Lien of attachment
38-7-20 Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer
38-7-21 Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond
38-7-22 Interest and profits pending suit; discharge of attachment on bond
38-7-23 Custody of attached property; sale of perishable property or property expensive to keep; terms
38-7-24 Answer of garnishee
38-7-25 Discharge of garnishee by payment of money or delivery of property
38-7-26 Order against garnishee for payment or delivery; forthcoming bond
38-7-27 Failure of garnishee to answer
38-7-28 Jury trials in garnishment cases; waiver of right; appeal; costs
38-7-29 Effect of order against garnishee as judgment
38-7-30 Service of process
38-7-31 Who may defend against attachment
38-7-32 Quashing of attachment for insufficiency of affidavit
38-7-33 Denial of grounds of attachment; trial; new trial; appeal
38-7-34 Final judgment for defendant on merits
38-7-35 Damages for unlawful attachment
38-7-36 Order of sale to satisfy judgment for plaintiff
38-7-37 Sale of attached land; conveyance
38-7-38 Conveyance by former officer; sale or conveyance by special commissioner
38-7-39 Bond for sale of attached land when defendant has not appeared or been served
38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served
38-7-41 Intervention of third persons; trial; costs
38-7-42 Priority of attachments
38-7-43 Rehearing after judgment or decree on service by publication
38-7-44 Judgment on rehearing; costs
38-7-45 Appeal bond; return of property to owner
38-7-46 Who may give bonds
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Terms Used In West Virginia Code > Chapter 38 > Article 7 - Attachment

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.