§55-6-1. Immediate recovery of possession of personal property;
notice and prejudgment hearing.
If the plaintiff in a civil action, whether in a circuit court
or magistrate court, for the recovery of specific goods, chattels,
or intangible personal property, shall demand immediate possession
thereof, a prejudgment hearing shall be held in not less than five
nor more than ten days after service upon the defendant of the
summons, a verified complaint describing said personal property,
and a notice of the time, place, and purpose of the prejudgment
hearing. At the prejudgment hearing an inquiry shall be held to
determine: (a) The nature of the right or contract under which the
plaintiff claims a right to immediate possession; and (b) the
nature of the defendant's right to retain possession thereof.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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