WEST VIRGINIA CODE
WVC 38 - 7 - 25
§38-7-25. Discharge of garnishee by payment of money or delivery
of property.
A garnishee may at any time before the return day of the
order mentioned in section fifteen of this article, deliver the
property or pay the money for which he is liable, or a
sufficiency thereof to satisfy the attachment, to the officer
having the order of attachment, and shall thereby be discharged
from any further liability under the attachment, and as to the
property so delivered and/or money so paid, he shall be
discharged from all liability whatsoever to the defendant:
Provided, however, That if the obligation upon which the
garnishee is indebted to the defendant is evidenced by a
negotiable instrument, such obligation shall not, as to a holder
in due course, be discharged by such payment:
Provided further,
That the right of a holder in due course of a negotiable
warehouse receipt, bill of lading, or other negotiable instrument
for any property so delivered, shall not be impaired by such
delivery.
Note: WV Code updated with legislation passed through the 2012 1st Special Session