No decree for the distribution of the proceeds of real estate in a suit in equity to enforce a judgment shall be made until a notice to all persons holding liens on the real estate of the judgment debtor be published, under a decree of the court, as hereinafter provided. Such notice shall be sufficient if it be in form or effect as follows:
To all persons holding liens by judgment or otherwise, on the real estate, or any part thereof, of A ............. B .............:
In pursuance of a decree of the circuit court of ........... county, made in a cause therein pending, to subject the real estate of the said A ............... B ............... to the satisfaction of the liens thereon, you are hereby required to present all claims held by you and each of you against the said A .............. B ............, which are liens on his real estate, or any part of it, for adjudication to me, at my office in the county (or city, town or village, as the case may be) of ............. on or before the ....... day of ..............
Given under my hand, this ........ day of .............
C................. D .................., Commissioner.
Such notice shall be published 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. Publishing of such notice shall be equivalent to the personal service thereof on all persons holding liens, on any such real estate, unless the court shall, in the decree directing such notice to be so published, otherwise order.
Structure West Virginia Code
§38-3-1. Effect of Decrees and Orders; Enforcement
§38-3-2. Decree or Order for Payment of Money; Enforcement by Execution
§38-3-3. Meaning of Word "judgment."
§38-3-4. Abstracts of Judgments; Damages or Penalty for Failure of Clerk or Justice to Deliver
§38-3-6. Lien of Judgment on Real Estate
§38-3-8. Notation of Executions on Judgment Lien Docket
§38-3-9. Enforcement of Judgment Lien by Suit
§38-3-11. Same -- Publication of Notice to Lienholders
§38-3-12. Same -- Duties of Commissioner
§38-3-13. Same -- Confirmation of Report; Decree of Rental or Sale and Distribution
§38-3-14. Same -- Judgment Against Debtor Pending Suit
§38-3-15. Same -- Other Proceedings Commenced Pending Suit
§38-3-16. Order of Liability of Real Estate
§38-3-17. Judgment Liens Commencing on Same Day