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WV Code § 38-5-6 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-6. Report by Commissioner

The commissioner shall return all questions and answers taken down in writing before or filed with him and shall report all of the proceedings under the preceding sections to the court in which the judgment is, or, if the judgment be before a justice, to the circuit court of the county in which such justice resides.
WV Code § 38-5-7 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-7. Orders Concerning Disposition of Property Conveyed, Delivered or Assigned to Officer

The court to which the commissioner returns his report, as required by the preceding section, may make any order it may deem right as to the sale and proper application of the estate conveyed, delivered or assigned under section four of this article.
WV Code § 38-5-8 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-8. Sale of Real Estate Conveyed to Officer

Real estate conveyed to an officer under this article shall, unless such court direct otherwise, be sold, after giving at least thirty days' notice, by posting the same at the door of the courthouse of such officer's county and some other conspicuous place, near the residence of the owner, if he be a resident of the county, and by publishing the same as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. The real estate shall be conveyed to the purchaser by the officer or his deputy.
WV Code § 38-5-9 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-9. Disposition of Personal Property and Collection of Debts

An officer to whom there is a delivery under this article, when the delivery is of personal property which is subject to levy under the provisions of section six, article four of this chapter, shall dispose of the same as if levied on by him under a writ of fieri facias or execution, or when the property delivered or assigned is an evidence of debt, he may receive payment of such debt within sixty days after such delivery. Any evidence of debt or security in his hands which is not so subject to levy shall, at the end of sixty days, be returned by him to the clerk's office of such court. The court shall make such order to enforce the payment of such debt or other security, as is deemed best. Upon failure to make such return, such officer may be proceeded against as if an express order of such court for such return had been disobeyed.
WV Code § 38-5-10 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-10. Suggestion on Judgment; Summons Against Person Suggested

(a) Upon a suggestion by the judgment creditor that a person is indebted or liable to the judgment debtor or has in the person's possession or control personal property belonging to the judgment debtor, which debt or liability could be enforced when due, or which property could be recovered when it became returnable by the judgment debtor in a court of law and which debt or liability or property is subject to the judgment creditor's writ of fieri facias, a summons against such person may be issued out of the office of the clerk of the circuit court or of the magistrate court of the county in which the judgment creditor obtained the writ of fieri facias, requiring such person to answer the suggestion in writing and under oath. Service of a summons issued under this section may be made as provided by subdivision (1), subsection (d) of rule four of the rules of civil procedure for trial courts of record. The return day for a summons issued under this section is governed by the provisions of rule sixty-nine of the rules of civil procedure for trial courts of record.(b) The suggestion by the judgment creditor provided for in this section shall include, to the extent possible, the present address, the last four digits of the Social Security number and date of birth of the judgment debtor, which information shall be made available to the person suggested for purposes of identifying the judgment debtor and facilitating a proper answer to the suggestion.
WV Code § 38-5-11 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-11. Officer's Return of Summons

The officer serving such summons upon a person suggested shall make a return of the time and manner of service on each person suggested.
WV Code § 38-5-12 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-12. Discharge of Liability of Person Suggested on Negotiable Instrument

If the debt or liability of the person suggested to the judgment debtor for the money or property owned or held by such person be evidenced by a negotiable instrument, and such instrument be negotiated after service on, or notice to, the person suggested, to a holder in due course, so that such person becomes obligated to pay the money or deliver the property to such holder, the lien of the fieri facias thereon shall, to the extent of such obligation to such holder, be discharged.
WV Code § 38-5-13 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-13. Contents of Answer of Person Suggested; Verification

The answer of the person suggested shall state, in addition to the matters required to be disclosed by the summons mentioned in section ten of this article, the nature and amount of liability or indebtedness to the judgment debtor at the time of service of the summons, or a description of the property of the judgment debtor held by the person suggested at the time of service of the summons, and whether the liability of the person, or any part thereof, is represented by a negotiable instrument, and, in the case of a bailee, whether there is outstanding any negotiable warehouse receipt, bill of lading, or other negotiable instrument for any of the personal property in the person's possession or under the person's control. The answer shall be verified in the manner prescribed for the verification of other pleadings.
WV Code § 38-5-14 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-14. Discharge of Person Suggested by Payment of Money or Delivery of Property; Officer's Receipt

A person suggested may, at any time before the return day of the summons mentioned in section ten of this article, deliver the property or pay the money for which the person is liable at the time of service of the summons, or a sufficiency thereof to satisfy the execution, and shall thereby be discharged from any further liability under the execution, and, as to the property so delivered and/or money so paid, the person shall be discharged from all liability whatsoever to the judgment debtor: Provided, That if the obligation upon which the person is indebted to the judgment debtor is evidenced by a negotiable instrument, the obligation shall not, as to a holder in due course, be discharged by the payment: Provided, however, That the right of a holder in due course, of a negotiable warehouse receipt, bill of lading, or other negotiable instrument for any property so delivered, shall not be impaired by the delivery. If any payment or delivery is made to the officer under the provisions of this section, the officer shall give a receipt for, and make a return of, what is so paid and delivered.
WV Code § 38-5-15 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-15. Order of Court for Payment by Person Suggested

If it appears from the answer of the person suggested that, at the time the writ of fieri facias was delivered to the officer to be executed, or thereafter, and before the time of the service of the summons, or the return day of the writ of fieri facias, whichever comes first, the person was indebted or liable to the judgment debtor, or had in the person's possession or under the person's control any personal property belonging to the judgment debtor, and that the person had not, before notice of the delivery of the writ of fieri facias to the officer, paid the money or delivered the property to the judgment debtor, or upon the judgment debtor's order, and that the debt or liability to pay the money or deliver the property was not evidenced by a negotiable instrument, the court may order the person to pay the amount so due from the person and to deliver the property, or any part of the money or property, to such person as the court may designate as receiver: Provided, That if it shall appear from the answer of the person suggested, that the person's debt or liability to pay money or deliver property is evidenced by a negotiable instrument, the court may order the payment or delivery, but only upon condition that the holder of the negotiable instrument shall deliver the same to the person suggested simultaneously with the payment of the money or delivery of the property: Provided, however, That any person suggested holding property under a pledge or lien shall not be required to deliver up the property except upon payment to such person of the debt secured by the pledge or lien.
WV Code § 38-5-16 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-16. Effect of Order of Court as Judgment

An order made against a person suggested shall have the effect of a judgment, and may be enforced in the same manner as any other judgment.
WV Code § 38-5-17 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-17. Failure of Person Suggested to Answer

If any person suggested, summoned as provided in this article, fails to answer, the court may either compel the person to answer, or hear proof of the matters required by section fifteen of this article to be disclosed by the person's answer, concerning any debt or liability due by the person to, or personal property in the person's possession or under the person's control of, the judgment debtor at the time of service of the summons, and make the orders in relation thereto as if what is so proved had appeared in the person's answer.
WV Code § 38-5-18 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-18. Jury Trial in Suggestion Proceedings; Waiver of Jury; Right of Appeal; Costs

When it is suggested by the judgment creditor in any case of suggestion that the person suggested has not fully disclosed the debts or liabilities due by the person to, or personal property in the person's possession or under the person's control of, the judgment debtor at the time of service of the summons, or has not delivered to the officer the property, or paid the money, for which the person was liable, the court shall cause a jury to be impaneled, without any formal pleadings, to inquire as to the debts or liabilities or property, or as to the payment or delivery, unless a trial by jury is waived by the parties, and if trial by jury be waived, the court shall proceed to hear and determine the questions at issue. Whether the issues of fact be found by the court or by a jury, the court shall proceed in respect to any fact so found, in the same manner as if they had been confessed by the person suggested, but either party shall be entitled to a writ of error or an appeal as in other cases. If the verdict or decision of the court be for the person suggested, the person shall have judgment for the person's costs against the judgment creditor, and if the judgment be against the person suggested, the person shall be adjudged liable for the costs of the suggestion proceeding.
WV Code § 38-5-19 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-19. Return by Officer as to Money Received in Suggestion Proceedings; Disposition of Money

An officer receiving money in a suggestion proceeding shall, within thirty days after receiving it, make return thereof to the court or to the clerk's office of the court in which the judgment is, or, if it was rendered by a justice, to the clerk of the circuit court of the justice's county, and, for failing to do so, he shall be liable as if he had acted under an order of such court. After deducting from such money commissions allowed by law and his necessary expenses and costs, he shall within thirty days pay the net proceeds to the parties entitled thereto, and he and his sureties and their representatives shall be liable therefor in like manner as if the same had been made under a writ of fieri facias or execution.
WV Code § 38-5-20 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-20. Suit for Recovery of Property or Debt Subject to Lien

For the recovery of any personal property or any claim on which a writ of fieri facias or an execution is a lien under this article, or the enforcement of any liability in respect to any such property, or for the enforcement of any debt or liability of any person to the judgment debtor, on which the writ of fieri facias or execution is a lien, a suit may be maintained by the judgment creditor either at law or in equity, as the case may require. If such suit be at law, it may be brought in the name of the judgment debtor, for the use and benefit of the judgment creditor to the extent of his lien. If such suit be in equity, it may be brought in the name of the judgment creditor. Such suit may be brought by the judgment creditor instead of a proceeding in suggestion, or, after a proceeding in suggestion has been begun, the judgment creditor may, at any time before an order for payment or delivery has been made against the person suggested, dismiss such proceeding in suggestion at his own costs, and commence a suit under this section. If a recovery is had in such suit at law, the costs shall be assessed against the defendant in such suit. If no recovery be had, the costs shall be assessed against the judgment creditor. If the suit be in equity, the costs may be assessed as in other suits in equity. Any fact which would constitute a defense to a person suggested under the provisions of this article shall be a defense to any person sued under this section.
WV Code § 38-5-21 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-21. Form of Judgment for Money in Suit to Enforce Execution; Receipt for Money Received by Judgment Creditor

The judgment or decree for money recovered in any suit brought under the provisions of the preceding section shall be in favor of the judgment creditor to the amount of his lien and any costs and charges which he may be entitled to recover, and, as to the residue, shall be in favor of the judgment debtor or such other person as may be entitled thereto, and shall show the amount to which each person is entitled thereunder. The judgment creditor shall, within ten days after the receipt of any money under such judgment or decree, execute and file with the clerk from whose court the fieri facias or execution issued, a receipt for such money which shall be credited by such clerk upon such fieri facias or execution and noted in his execution book.
WV Code § 38-5-22 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-22. Disposition of Leviable Property Recovered in Suit

If property which is capable of being levied on under an execution is recovered in any suit brought under the provisions of section twenty of this article or in any proceeding in garnishment, it shall be subject to the lien of the execution under which the suit to recover such property was brought, and may be sold under that or a subsequent execution in the same manner as other property belonging to the judgment debtor.
WV Code § 38-5-23 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion|§38-5-23. Additional Executions

Although a judgment creditor avail himself of the proceeding in suggestion, or of the proceeding provided by sections one and twenty of this article, he may nevertheless, without impairing his lien under such proceedings, from time to time, subject to the limitations prescribed by law, issue other executions upon his judgment until the same be satisfied.
WV Code § 38-5A-1 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5A. Suggestions of Salary and Wages of Persons Engaged in Private Employment|§38-5A-1. Definitions

For purposes of this article:(1) "Salary" and "wages" shall be given their ordinary meaning but in any event shall include compensation measured partly or wholly by commissions, percentages or share of profits or by other sums based upon work done or results produced whether or not the judgment debtor is given a drawing account.(2) The term "suggestee execution" shall mean an execution differing from an ordinary execution upon a judgment only in that it is directed against money due or to become due to the judgment debtor from the suggestee as therein set out.(3) The term "judgment creditor" shall include the owner of a money decree.
WV Code § 38-5A-2 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5A. Suggestions of Salary and Wages of Persons Engaged in Private Employment|§38-5A-2. Salary or Wages Subject to Suggestion Only as Provided in This Article

Salary or wages payable to any person engaged in private employment, whether due and owing or to become due and owing, shall be subject to suggestion by judgment creditors only as provided by this article.
WV Code § 38-5A-3 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5A. Suggestions of Salary and Wages of Persons Engaged in Private Employment|§38-5A-3. Application for Suggestee Execution Against Salary or Wages; Extent of Lien and Continuing Levy; Exemption; Priority Among Suggestee Executions

(a) A judgment creditor may apply to the court in which the judgment was recovered or a court having jurisdiction of the same, without notice to the judgment debtor, for a suggestee execution against any money due or to become due within one year after the issuance of such execution to the judgment debtor as salary or wages arising out of any private employment. If satisfactory proof shall be made, by affidavit or otherwise, of such facts and the fact that the amount due or to become due as salary or wages after the deduction of all state and federal taxes exceeds in any week fifty times the federal minimum hourly wage then in effect, the court, if not a court of record, or if a court of record the clerk thereof, shall issue a suggestee execution against the salary or wages of the judgment debtor and upon presentation of such execution by the officer to whom delivered for collection to the person or persons from which such salary or wages are due and owing or thereafter may become due and owing to the judgment debtor, the execution and the expenses thereof shall become a lien and continuing levy upon the salary or wages due or to become due to the judgment debtor within one year after the issuance of the same, unless sooner vacated or modified as hereinafter provided, to an amount equal to twenty percent thereof and no more, but in no event shall the payments in satisfaction of such an execution reduce the amount payable to the judgment debtor to an amount per week that is less than fifty times the federal minimum hourly wage then in effect. Only one such execution shall be satisfied, at one time, except that in the event two or more such executions have been served and satisfaction of the one having priority is completed without exhausting the amount of the salary or wages then due and payable that is subject to suggestion under this article the balance of such amount shall be paid in satisfaction, in the order of their priority, of junior suggestee executions against such salary or wages theretofore served.(b) The suggestee execution by the judgment creditor provided in this section shall include, to the extent possible, the present address and date of birth of the judgment debtor, which information shall be made available for the purpose of properly identifying the judgment debtor whose salary or wages are being levied upon.
WV Code § 38-5A-4 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5A. Suggestions of Salary and Wages of Persons Engaged in Private Employment|§38-5A-4. Notice to Judgment Debtor; Time for Service on Suggestee; Fee

A certified copy of an execution issued under this article against salary or wages shall be served upon the judgment debtor. Such service shall be made by the court or the clerk of the court who issued the execution by mailing the copy to the judgment debtor or his or her agent authorized to accept service of process by certified mail, return receipt requested. The day and hour of such mailing shall be clearly noted on the face of the original execution and the clerk of the court or the officer to whom it is delivered for collection shall not make service upon the suggestee until the expiration of five days from that time.