§38-4-1. Executions Against Corporations
Against a corporation such execution may issue as against a natural person.
§38-4-10. Docketing as Constructive Notice
The docketing of an execution as provided in the following section of this article shall constitute constructive notice to all persons, of such execution: Provided, however, That if the property upon which such execution is a lien be a negotiable instrument, a holder in due course of such instrument shall hold it free from the […]
§38-4-11. Docketing of Execution
The clerk of the county court of every county shall keep in his office, in a well-bound book, an execution docket, in which he shall docket without delay, any execution in this state, when he shall be required so to do by any person interested, on such person delivering to him an authenticated abstract of […]
§38-4-12. Exemption From Execution
Such property as a husband or parent may have listed and set apart as exempt from distress and levy, under the provisions of law, shall not be subject to the lien of a fieri facias.
§38-4-13. Indorsement of Time of Receipt by Officer; Penalty for Failure to Indorse
Every officer shall indorse on each writ of fieri facias the year, month, day, and time of day, he receives the same. If he fail to do so, the judgment creditor may, by motion, recover against him and his sureties, jointly and severally, in the court in which the judgment was rendered, a sum not […]
§38-4-14. Order of Levy and Satisfaction of Several Writs
Of writs of fieri facias, that which was first delivered to the officer, though two or more be delivered on the same day, shall be first levied and satisfied; and where several such executions are delivered to the officer at the same time, they shall be satisfied ratably.
§38-4-15. Rules Concerning Distress or Levy
The officer shall in no case make an unreasonable distress or levy. For horses or any livestock distrained or levied upon, he shall provide sufficient sustenance while they remain in his possession. Nothing distrained or levied upon shall be removed by him out of his county, unless it is otherwise specially provided.
§38-4-16. Officer's Return Upon Fieri Facias
Upon a writ of fieri facias the officer shall make a return showing whether or not the money therein mentioned has been or can be made, or whether any part thereof, and if so, what part, has been or can be made. With every execution under which money is recovered, he shall return a statement […]
§38-4-17. Resale Upon Default of Purchaser
If at any sale by an officer, the purchaser shall not comply with the terms of sale, the officer may resell the property, either forthwith or under a new advertisement, or return that the property was not sold for want of bidders. If, on a resale, the property be sold for less than it sold […]
§38-4-18. Writ of Venditioni Exponas; Notice of Sale
When it appears by the return on an execution, that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue; whereupon the like proceedings shall be had as might have been had on the first execution, except that if it issue upon a return of no sale for want of bidders, […]
§38-4-19. Proceeding in Case of Death of Officer Before Sale
If an officer, taking property under execution, dies before the sale thereof, and there be no deputies of such officer acting in the case, a writ of venditioni exponas may, upon a suggestion of the fact, be directed to such sheriff or other officer of the county wherein the property was taken as may be […]
§38-4-2. Executions on Joint Judgments
Where a judgment is against several persons jointly, executions thereon shall be joint against them all.
§38-4-20. Time and Place for Sale of Personal Property Under Distraint, Levy or Order of Court; Posting or Publishing Notice; Conduct and Terms of Sale
In any case where an officer shall distrain or levy upon personal property, otherwise than under an execution or order issued by a justice, or under an attachment, and in any case in which he may be directed to sell personal property by an order of a court or judge, unless such order prescribes a […]
§38-4-21. Adjournment of Sale
When for any cause the sale is not completed on the day appointed therefor it may be adjourned from day to day until it shall be completed.
§38-4-22. Appraisal Before Sale
If, before any such sale is made, the judgment debtor, his agent or attorney, or in their absence, his or her spouse, so desires, the property to be sold shall be appraised by separate items by two disinterested householders of the district in which the levy is made, or where the debtor resides, if he […]
§38-4-23. Method and Terms of Sale of Appraised Property
The property appraised under the provisions of the preceding section shall be sold by the officer in separate items, or in parcels, or as a whole, whichever method will secure the highest price therefor. The property so appraised shall be first offered for sale for cash, and, if the highest aggregate bids therefor amount to […]
§38-4-24. Payments on Purchase Money Notes
All moneys paid to the officer, on any note taken under the preceding section shall be regarded as so much money received by him on the execution, order of sale, or other process under which the sale was made, and the officer shall indorse the same on the execution, order of sale or other process, […]
§38-4-25. Judgment on Defaulted Purchase Money Notes
If any note so taken be not paid to the officer when due, he shall indorse thereon any payments made to him and return it to the office of the clerk of the court from which such execution, order of sale or other process issued, who shall indorse thereon the date of such return, whereupon […]
§38-4-26. Form of Judgment on Notes
The judgment entered by the clerk under the provisions of the preceding section shall be in the following form or to the following effect: Whereas on the ……… day of ………, 19….., a judgment (or decree or order) was rendered by the …………. court of ……………. County, West Virginia, in favor of ……………, and against […]
§38-4-27. Disposition of Surplus Received by Officer; Disposition of Money Not Paid Over When Execution Stayed
Where an officer has received money under execution, if any surplus remain in his hands after satisfying the execution, such surplus shall be repaid to the debtor; and if the debtor or his personal representative obtain an injunction or appeal staying an execution, in whole or in part, before money received under it, or any […]