WVC 38 - 6 - 10
§38-6-10. Enforcement of forthcoming bond.
If the property, or any of it, mentioned in the forthcoming
bond be not delivered as therein provided, the officer, unless
payment be made of the amount due on the execution or warrant,
including his fees and commissions, shall forthwith return such
bond to the clerk's office from which the execution issued, or if
it be a distress warrant, to the clerk's office of the circuit
court of the county in which such warrant was issued. The clerk
shall indorse on the bond the date of its return; and, against
such of the persons who signed the same as may be alive when it
is so returned, it shall have the force of a judgment. But no
execution shall issue thereon under this section.