WVC 38 - 4 - 31
§38-4-31. Motion to quash execution.
A motion to quash an execution may, after reasonable notice
to the adverse party, be heard and decided by the court whose
clerk issued the execution, or by the judge thereof in vacation;
and such court or judge may, without such notice, make an order
staying proceedings on the execution until such motion can be
heard and determined. A copy of the order so made must be served
upon the officer in whose hands the execution is.