WVC 38 - 5 B- 15
§38-5B-15. Garnishment and suggestion of money and other
personality in hands of public officers.
Money and other personal property in the hands of a sheriff,
constable, clerk of court, justice of the peace or other public
officer who shall hold the same by virtue of his office and which
belongs or is owed to any person shall be subject to garnishment
and suggestion in the same manner and to the same extent as if
held by him as a private individual, except that money or other
property which is in custodia legis shall be paid or delivered
into the court to abide the result of the suit, unless the court
shall otherwise direct. This section does not apply to public
property or funds.