WEST VIRGINIA CODE
WVC 38 - 7 - 19
§38-7-19. Lien of attachment.
The plaintiff shall have a lien upon any personal property,
choses in action and other securities of the defendant, from the
time of the levy of such attachment, but such lien may be
defeated by a sale, pledge, or other transfer of such property,
choses in action, or other securities, before seizure, if such
property, choses in action, or other securities are subject to
levy and sale under an execution, to a purchaser for value
without notice, who advances money or other value at the time of
such transfer, in reliance upon the defendant's title to the
property:
Provided, however, That in the case of a pledge or
other transfer of the property other than a complete sale, the
lien of the attachment shall bind any equity or other interest in
the property, remaining in the defendant. The plaintiff shall
have a lien upon the claim or right which the defendant has
against any garnishee for any debt or liability owed by such
garnishee to the defendant, or any personal property in the
possession or under the control of the garnishee, belonging to
the defendant, from the time of the service of the attachment
upon such garnishee, or the delivery to him of a copy of the
order and indorsement, as provided in section fifteen of this
article:
Provided, however, That if such chose in action or
obligation be evidenced by a negotiable instrument, and such
instrument be negotiated after the service on, or notice to, the
garnishee, to a holder in due course, so that the garnishee
becomes obligated to pay the money or deliver the property to
such holder, the lien of the attachment thereon shall, to the extent of such obligation to such holder, be discharged. The
plaintiff shall have a lien upon any real estate of the defendant
levied upon under an attachment, from the time of the suing out
of the attachment, but such lien may be defeated by a sale of
such real estate to a purchaser for value without notice before
the filing, by the plaintiff, of a notice of lis pendens under
the provisions of article eleven, chapter fifty-five of this
code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session