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WV Code § 38-5B-10 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-10. Priority of Suggestee Executions Over Assignments

An execution issued and served under this article shall have priority over an assignment filed with the proper officer subsequent to service of the notice required by section four hereof in the case of salary or wages and subsequent to service of the execution in any other case. This section is not intended and shall not be deemed to modify the now existing law governing the validity of the assignment of the salary or wages of a public officer or employee.
WV Code § 38-5B-11 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-11. Executions Against Claims Due Contractors on Public Works

An execution issued and served under this article shall, in the case of money due or to become due to a contractor on public work, apply only to such sums as shall be payable to the contractor after completion and acceptance of the work. Certification of completion and acceptance by the officer or body whose duty it is to make such determination shall be sufficient evidence to the proper officer of the facts of completion and acceptance for purposes of making payment in satisfaction of suggestee executions issued under this article.
WV Code § 38-5B-12 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-12. Exemptions

A judgment debtor to whom money is due or to become due which would otherwise be subject to suggestion under this article may have the same exempted from levy in the manner and to the extent provided by article eight of this chapter. In the case of salary or wages the exemption may be claimed for sums currently accruing but must be asserted anew as to any salary or wages which shall begin to accrue after the next payment date. Such exemption shall not be binding upon the state, state agency or political subdivision of which the judgment debtor is an officer or employee unless and until a certificate of exemption or true copy thereof shall have been delivered to the proper officer upon whom to make service of a suggestee execution under this article.Money due to any lawful beneficiary thereof from any workers' compensation, unemployment compensation, pension or retirement, public assistance or relief fund or system, or under the state's emergency employment program as provided by section six, Title II of Enrolled Senate Bill No. 1 (Budget Bill), enacted by the Legislature of West Virginia, regular session, one thousand nine hundred sixty-one, or any laws amendatory of, supplementary or successor to, such program that may hereafter be enacted, shall not be subject to suggestion under this article.Public obligations, whether in the form of bonds, notes, certificates of indebtedness, or otherwise, and whether negotiable or nonnegotiable, shall not be subject to suggestion under this article.
WV Code § 38-5B-13 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-13. Accounting for Moneys Collected Under Suggestee Executions

It shall be the duty of the officer to whom a suggestee execution shall be delivered to account for and pay over to the person entitled thereto all moneys collected on such execution, less his lawful fees and expenses for collecting the same. In case of salaries, wages or other claims payable periodically, such accounting and payment shall be made from time to time and at least once every three months from the time a levy shall have been made.
WV Code § 38-5B-14 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-14. Supreme Court of Appeals Authorized to Prescribe Forms of Suggestee Executions

In aid of the better administration of this article the Supreme Court of Appeals is hereby authorized to prescribe forms of suggestee executions conformable to the provisions hereof. Forms so prescribed shall be followed in the preparation of all suggestee executions issued under this article from and after a date to be fixed by the Supreme Court of Appeals in promulgating the same, which shall be not less than thirty nor more than ninety days after their certification as hereinafter provided. Copies of forms so prescribed shall be certified by the clerk of the Supreme Court of Appeals to the clerk of each court of record in the state. It shall thereupon be the duty in turn of each such clerk to furnish each court not of record within the circuit, district, or other territorial area constituting the territorial jurisdiction of his court, by registered mail, with true copies of the forms and at the same time to inform such court of the time when the action of the Supreme Court of Appeals in prescribing the forms shall take effect.
WV Code § 38-5B-15 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-15. Garnishment and Suggestion of Money and Other Personality in Hands of Public Officers

Money and other personal property in the hands of a sheriff, constable, clerk of court, justice of the peace or other public officer who shall hold the same by virtue of his office and which belongs or is owed to any person shall be subject to garnishment and suggestion in the same manner and to the same extent as if held by him as a private individual, except that money or other property which is in custodia legis shall be paid or delivered into the court to abide the result of the suit, unless the court shall otherwise direct. This section does not apply to public property or funds.
WV Code § 38-5B-16 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers|§38-5B-16. Construction of Article; Effect on Existing Law

Existing law governing the presentment, audit and allowance of claims against the state, a state agency, or a political subdivision is not affected hereby and the provisions hereof shall not be deemed to permit payments in excess of appropriations not otherwise permitted by law. This article is remedial in purpose, however, and shall be liberally construed to that end.
WV Code § 38-6-1 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-1. Bond to Indemnify Officer Making Levy

If any officer levy or is required to levy an execution or a warrant of distress on property, and a doubt shall arise whether such property is liable to such levy, he may give to the plaintiff, his agent, or attorney at law, notice that an indemnifying bond is required in the case. Bond may thereupon be given by any person, with good security, payable to the officer, in a penalty equal to double the value of the property, conditioned to indemnify him against all damages which he may sustain in consequence of the seizure or sale of such property, and to pay to any claimant of such property all damages which he may sustain in consequence of such seizure or sale.
WV Code § 38-6-2 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-2. Effect of Giving, or of Refusal to Give, Bond; Return of Bond to Clerk's Office

§38-6-2. Effect of giving, or of refusal to give, bond; return of bond to clerk's office.If such bond be not given within a reasonable time after such notice, the officer may refuse to levy on such property, or may, if he has already levied, restore it to the person from whose possession it was taken, as the case may be. If, where there has been no levy, the bond be given within a reasonable time, or, after a levy, the bond be given before the property is restored, it shall be returned within twenty days to the clerk's office of the circuit court of the county in which such property may be, and the claimant or purchaser of such property shall, after such bond is so returned, be barred of any action against the officer levying thereon, provided the security therein be good at the time of taking it. After such bond has been given as herein provided, the officer shall proceed to levy, if he has not already done so, or, if the levy has been released, he shall proceed to levy again.
WV Code § 38-6-3 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-3. Suspending Bond; Settling Claimant's Title; How Suits on Bonds Prosecuted

But the sale of any such property shall be suspended at the instance of any claimant thereof, who shall deliver to the officer bond with good security in a penalty equal to double the value thereof, payable to such officer, conditioned to pay to all persons who may be injured by suspending the sale thereof, until the claim thereto can be adjusted, such damages as they may sustain by such suspension. If the property claimed to be liable by virtue of the process aforesaid is in the possession of any of the parties against whom such process was issued, but is claimed by any other person or persons, the officer having such process in his hands to be executed shall, whether an indemnifying bond has been given or not, after notice to the claimant, or his agent, proceed to execute the same notwithstanding such claim, unless the claimant of such property, or someone for him shall give the suspending bond aforesaid, and shall, within thirty days after such bond is given, proceed to have the title to such property settled in accordance with the provisions of this article. And in case such claimant or someone for him fails to give such bond, or having given such bond fails to have such proceedings instituted as aforesaid, to settle the title thereto, such property shall be conclusively presumed to be the property of the party in possession. For the purposes of this section, a person making a claim of ownership of property on behalf of another shall be deemed to be the latter's agent, and the notice required by this section may be verbal or in writing. Upon any such bond as is mentioned in this or the two preceding sections, suit may be prosecuted in the name of the officer, for the benefit of the claimant, creditor, purchaser or other person injured, and such damages recovered in such suit as a jury may assess. The same may be prosecuted, and execution had, in the name of such officer, when he is dead, in like manner as if he were alive.
WV Code § 38-6-4 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-4. Procedure for Determination of Conflicting Claims to Property Levied On

When property of the value of more than $50 is taken under a warrant of distress, or when property of any value is taken under an execution issued by the clerk of a court, and any person, other than the party against whom the process issued, claims such property, or the proceeds or value thereof, the circuit court of the county in which the property is taken, or the judge thereof in vacation, upon the application of the officer, where no indemnifying bond has been given, or if one has been given, on the application of the person who claims such property and has given such suspending bond as is mentioned in the next preceding section, may cause to appear before such court, as well the party issuing such process, as the party making such claim; and such court may exercise, for the decision of their rights, all or any of the powers and authority prescribed in section one, article ten, chapter fifty-six of this code. Such court on the application of the party issuing such process may cause to appear before it the party making such claim, and may exercise the like power and authority.
WV Code § 38-6-5 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-5. Order of Sale Pending Determination of Rights

In such case as is mentioned in the preceding section, the court, or the judge thereof in vacation, where no bond is given for the forthcoming of the property, may, before a decision of the rights of the parties, make an order for the sale of the property or any part thereof, on such terms as the court or judge may deem advisable, and for the proper applicable of the proceeds according to such rights.
WV Code § 38-6-6 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-6. Disposition of Surplus Proceeds

When property, the sale of which is indemnified, sells for more than enough to satisfy the execution or distress warrant under which it is taken, the surplus shall be paid by the officer into the court to the office whereof the indemnifying bond is required to be returned, or as such court may direct. Such court may make such order for the disposition thereof, either temporarily until the question as to the title of the property sold is determined, or absolutely, as in respect to the rights of those interested may seem to it proper.
WV Code § 38-6-7 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-7. Forthcoming Bonds

The sheriff or other officer levying a writ of fieri facias or distress warrant on property of the debtor, or on property the sale of which is suspended at the instance of a claimant thereof, may take from such debtor, or from such claimant, as the case may be, if such claimant desires the property to remain in such possession as it was in immediately before the levy, and the case be one in which a bond for the forthcoming of the property is not prohibited by section fourteen of this article, a bond with sufficient security, payable to the creditor, in a penalty not more than double the value of the property levied upon as ascertained and fixed by such officer, reciting the service of such writ or warrant, describing the property, specifying its true value, with the condition that the property be forthcoming at the day and place of sale than or thereafter to be appointed. Whereupon such property shall, except as provided in the following section, be permitted to remain in the possession of the debtor or in such possession as it was in immediately before the levy, as the case may be, and in either case at the risk of such debtor or claimant.
WV Code § 38-6-8 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-8. Sale of Perishable Property or Property Expensive to Keep

Notwithstanding such forthcoming bond as is mentioned in the preceding section be given, if such property be expensive to keep or perishable, the court in which proceedings in the case under section four of this article are pending or may be had, or the judge thereof in vacation, may, before a decision of the rights of the parties under such proceedings, on the application of such claimant or of the surety in such suspending or forthcoming bond, after reasonable notice of the intended application has been given by such claimant or the surety to the other parties in the case, order a sale of the property, or any part thereof, on such terms as the court or judge may deem advisable; and the court shall apply the proceeds according to such rights when determined.
WV Code § 38-6-9 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-9. Levy on Additional Property

If the property levied upon as aforesaid be not sufficient to pay the plaintiff's debt, interest and costs, and the fees and commissions of the officer, the execution or warrant, while in force, may be levied upon other property, if any be found, or a new execution may be sued out, upon the return of the former, for the residue of the debt, interest and costs. But such execution shall not be levied upon the property mentioned in the forthcoming bond without the consent of the persons liable therein.
WV Code § 38-6-10 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-10. Enforcement of Forthcoming Bond

If the property, or any of it, mentioned in the forthcoming bond be not delivered as therein provided, the officer, unless payment be made of the amount due on the execution or warrant, including his fees and commissions, shall forthwith return such bond to the clerk's office from which the execution issued, or if it be a distress warrant, to the clerk's office of the circuit court of the county in which such warrant was issued. The clerk shall indorse on the bond the date of its return; and, against such of the persons who signed the same as may be alive when it is so returned, it shall have the force of a judgment. But no execution shall issue thereon under this section.
WV Code § 38-6-11 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-11. Action or Motion on Forthcoming Bond; Enforcement of Original Judgment

The person signing such forfeited forthcoming bond shall be liable for the true value of the property therein mentioned, and not delivered as aforesaid, with interest on such value from the date of the bond, and costs incurred in proceedings upon the bond. And the obligee in such bond, or his assignee or personal representative, may recover such sum and interest, or so much thereof as may be necessary to satisfy his demand against the defendant in the execution or warrant with costs, by action or motion against the persons signing such bond. And in case such obligee fail for any cause to recover a judgment on such bond, or to collect the amount specified in any such judgment, or any part thereof, he may proceed against the defendant in the original judgment for the amount remaining unpaid, in the same manner as if such bond had not been given.
WV Code § 38-6-12 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-12. Defenses to Bond Taken Under Distress Warrant

In an action or motion on such bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not due in whole or in part, or was otherwise illegal.
WV Code § 38-6-13 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-13. Remedies on Quashing of Forthcoming Bond

If any such forthcoming bond be at any time quashed, the obligee, besides his remedy against the officer, may have such execution on his judgment or issue such distress warrant as would have been lawful if such bond had not been taken.
WV Code § 38-6-14 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-14. Forthcoming Bonds Forbidden in Certain Cases

No bond for the delivery of property shall be taken on an execution on a forthcoming bond, nor on an execution on a judgment against a sheriff or other officer, or a deputy of such sheriff, for money received by any such officer or deputy, by virtue of his office, or against any such officer or his personal representative, in favor of a surety of such officer, or against such deputy of any such officer or his surety or personal representative, in favor of his principal or the personal representative of such principal, for money paid or a judgment rendered for a default in office; nor on an execution against an overseer of the poor, or his personal representative, or a justice or constable for money received by him as such, nor on any other execution on which the clerk is required by law to indorse that no forthcoming bond is to be taken.
WV Code § 38-6-15 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-15. Indorsement on Execution Forbidding Forthcoming Bond

On every execution on which such bond is prohibited from being given, the indorsement "no forthcoming bond is to be taken" shall be made by the clerk.
WV Code § 38-6-16 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution|§38-6-16. Costs

In any case mentioned in this article, the court may make all such rules and orders and enter such judgment as to costs and all other matters, as may be just and proper.
WV Code § 38-7-1 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 7. Attachment|§38-7-1. Filing of Affidavit; Prejudgment Hearing; Seizure of Property

In any civil action for the recovery of any claim or debt arising out of contract, or to recover damages for any wrong, the plaintiff, after service of the summons upon the defendant, or at any time thereafter and before judgment may have an order of attachment against the property of the defendant, on filing with the clerk of the court in which such action, proceeding or suit is about to be or is brought, his own affidavit or that of some credible person, stating the nature of the plaintiff's claim and the amount, at the least, which the affiant believes the plaintiff is justly entitled to recover in the action, proceeding or suit, and also that the affiant believes that some one or more of the grounds mentioned in the next following section of this article exist for such attachment: Provided, That in any action where the plaintiff shall give bond for the purpose of having the officer take possession of the personal property levied upon, as provided in section eight of this article, such officer may not take possession of the personal property attached under section eight of this article unless and until a prejudgment hearing shall have been held, for which proper notice shall be given the defendant and which shall be held in not less than five days nor more than ten days after the filing of the affidavit; which hearing shall be held to ascertain specific facts as to the nature of the obligation under which the plaintiff claims a right to possession, and to establish facts justifying the seizure, under one or more of the grounds set forth in section two of this article.