WEST VIRGINIA CODE
WVC 38 - 7 - 26
§38-7-26. Order against garnishee for payment or delivery;
forthcoming bond.
If it appear from the answer of the garnishee that at or
after the service of the attachment the garnishee was indebted or
liable to the defendant against whom the claim is, or had in his
possession or control any personal property belonging to such
defendant and that such debt or obligation to pay such money or
deliver such property was not evidenced by a negotiable
instrument, the court may order him to pay the amount so due from
him, and to deliver such property or any part thereof, to such
person as it may appoint as receiver; or such garnishee, with
leave of the court, may give bond, with sufficient security,
payable to such person and in such penalty as the court may
prescribe, with condition to pay the amount due by him and/or
have such effects forthcoming at such time and place as the court
may thereafter require:
Provided, however, That if it shall
appear from the answer of the garnishee, that his debt or
liability to pay money or deliver property is evidenced by a
negotiable instrument, the court may order such payment or
delivery, but only upon condition that the holder of such
negotiable instrument shall deliver the same to the garnishee
simultaneously with the payment of the money or delivery of the
property:
Provided further, That any garnishee holding property
under a pledge or lien shall not be required to deliver up such
property except upon payment to him of the debt secured by the
pledge or lien.
Note: WV Code updated with legislation passed through the 2012 1st Special Session