suggested.
(a) Upon a suggestion by the judgment creditor that a person
is indebted or liable to the judgment debtor or has in the person's
possession or control personal property belonging to the judgment
debtor, which debt or liability could be enforced, when due, or
which property could be recovered, when it became returnable, by
the judgment debtor in a court of law, and which debt or liability
or property is subject to the judgment creditor's writ of fieri
facias, a summons against such person may be issued out of the
office of the clerk of the circuit court or of the magistrate court
of the county in which the judgment creditor obtained the writ of
fieri facias, requiring such person to answer the suggestion in
writing and under oath. Service of a summons issued under this
section may be made as provided by subdivision (1), subsection (d)
of rule four of the rules of civil procedure for trial courts of
record. The return day for a summons issued under this section is
governed by the provisions of rule sixty-nine of the rules of civil
procedure for trial courts of record.
(b) The suggestion by the judgment creditor provided for herein shall include, to the extent possible, the present address and social security number of the judgment debtor, which information shall be made available to the person suggested for purposes of identifying the judgment debtor and facilitating a proper answer to the suggestion.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
Print