WVC 38 - 7 - 42
§38-7-42. Priority of attachments.
(a) Except as otherwise provided in subsection (b) of this
section, the attachment first served on the same personal
property, or on the person having such property in his
possession, or on the person indebted to the defendant in the
attachment suit, shall have priority of lien; and the officer
making the levy shall note on the order of attachment the day and
hour at which the levy is made: Provided,
That where two or more
attachments are delivered to the same officer at different times
to be served, he shall serve them in the order in which he
received them, and when they are delivered at the same time they
shall be served at the same time, and, if more than one of such
attachment be sustained, such of them as are sustained shall be
satisfied pro rata out of the proceeds of the attached property.
(b) No garnishment of wages governed by the provisions of
this article will be given priority over a voluntary assignment
of wages to fulfill a support obligation, a garnishment of wages
to collect arrearages in support payments, or a notice of
withholding from wages of amounts payable as support,
notwithstanding the fact that the garnishment in question or the
judgment upon which it is based may have preceded the support-related assignment, garnishment, or notice of withholding in
point of time or filing.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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