WVC 38 - 4 - 20
§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.
In any case where an officer shall distrain or levy upon
personal property, otherwise than under an execution or order
issued by a justice, or under an attachment, and in any case in
which he may be directed to sell personal property by an order of
a court or judge, unless such order prescribes a different
course, he shall fix upon a time and place for the sale thereof,
and publish notice of such sale at least ten days by posting the
same at the door of the courthouse of his county and some other
conspicuous place near the residence of the owner, if he resides
in the county: Provided,
That any sheriff or other officer
proceeding to sell under a writ of fieri facias or venditioni
exponas, if the property be of the value of five hundred dollars
or more, shall advertise the sale as a Class II-0 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. If the property be
perishable or expensive to keep, it may be sold by order of the
court, or the judge thereof in vacation, upon such notice as the
court or judge may direct.
At the time and place so appointed the officer shall sell to
the highest bidder for cash, except as hereinafter provided in
section twenty-three of this article, such personal property, or
so much thereof as may be necessary.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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