WVC 38 - 6 - 4
§38-6-4. Procedure for determination of conflicting claims to
property levied on.
When property of the value of more than fifty dollars is
taken under a warrant of distress, or when property of any value
is taken under an execution issued by the clerk of a court, and
any person, other than the party against whom the process issued,
claims such property, or the proceeds or value thereof, the
circuit court of the county in which the property is taken, or
the judge thereof in vacation, upon the application of the
officer, where no indemnifying bond has been given, or if one has
been given, on the application of the person who claims such
property and has given such suspending bond as is mentioned in
the next preceding section, may cause to appear before such
court, as well the party issuing such process, as the party
making such claim; and such court may exercise, for the decision
of their rights, all or any of the powers and authority
prescribed in section one, article ten, chapter fifty-six of this
code. Such court on the application of the party issuing such
process may cause to appear before it the party making such
claim, and may exercise the like power and authority.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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