WVC 38 - 6 - 7
§38-6-7. Forthcoming bonds.
The sheriff or other officer levying a writ of fieri facias
or distress warrant on property of the debtor, or on property the
sale of which is suspended at the instance of a claimant thereof,
may take from such debtor, or from such claimant, as the case may
be, if such claimant desires the property to remain in such
possession as it was in immediately before the levy, and the case
be one in which a bond for the forthcoming of the property is not
prohibited by section fourteen of this article, a bond with
sufficient security, payable to the creditor, in a penalty not
more than double the value of the property levied upon as
ascertained and fixed by such officer, reciting the service of
such writ or warrant, describing the property, specifying its
true value, with the condition that the property be forthcoming
at the day and place of sale than or thereafter to be appointed.
Whereupon such property shall, except as provided in the
following section, be permitted to remain in the possession of
the debtor or in such possession as it was in immediately before
the levy, as the case may be, and in either case at the risk of
such debtor or claimant.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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