WVC 38 - 7 - 41
§38-7-41. Intervention of third persons; trial; costs.
Any person interested may file his petition at any time
before the property attached as the estate of a defendant is sold
under the decree or judgment, or if the proceeds of the sale have
not been paid to the plaintiff, or his assigns, within one year
after such sale, disputing the validity of the plaintiff's
attachment thereon, or stating a claim thereto, or an interest in
or lien on the same, under any other attachment or otherwise, and
stating the nature of such claim, and, upon such petitioner's
giving security for costs, the court, without any other pleading,
shall impanel a jury to inquire into such claim, unless trial by
jury be waived by the parties, and if it be found that the
petitioner has title to, or a lien on, or any interest in, such
property or its proceeds, the court shall make such order as is
necessary to protect his rights. The costs of such inquiry shall
be awarded to the prevailing party.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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