WEST VIRGINIA CODE
WVC 38 - 5 B- 6
§38-5B-6. Vacation and modification of suggestee executions.
Either party may apply at any time to the court, if a court
not of record, or the court or a judge thereof, if a court of
record, from which such an execution shall have issued, upon such
notice to the other party as such court or judge shall direct for
the vacation or modification of the execution. After conducting
a hearing thereon, the court or judge shall vacate the execution
if satisfaction of the same or the judgment be made out by
affidavit or otherwise, and in any case may make such
modification of the execution as shall be deemed just, and such
execution as so modified shall continue in full force and effect
until paid and satisfied, or until vacated or further so
modified. Such an execution may be vacated at any time upon the
application of the judgment creditor without notice or a hearing
and in such a case the clerk of a court of record shall have
power to vacate the execution if issued out of his court. For the
protection of the suggestee, the lien of a suggestee execution
shall, as regards the suggestee, be deemed unaffected by a
vacating or modifying order prior to service of such order upon
the suggestee.
Note: WV Code updated with legislation passed through the 2012 1st Special Session