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 part of it, is paid over to the creditor, the officer shall repay such debtor the money so received and not so paid over, or so much thereof as the injunction or appeal may extend to, unless otherwise directed by law, or the order of the court.
Structure West Virginia Code
§38-4-1. Executions Against Corporations
§38-4-2. Executions on Joint Judgments
§38-4-3. Execution for Benefit of Person Other Than Plaintiff
§38-4-4. Writs of Possession and Fieri Facias on Judgments for Specific Property
§38-4-5. Execution or Fieri Facias on Money Judgment
§38-4-6. On What Fieri Facias May Be Levied
§38-4-7. How Currency or Bank Notes Shall Be Accounted For
§38-4-8. Commencement and Duration of Lien of Fieri Facias
§38-4-10. Docketing as Constructive Notice
§38-4-11. Docketing of Execution
§38-4-12. Exemption From Execution
§38-4-13. Indorsement of Time of Receipt by Officer; Penalty for Failure to Indorse
§38-4-14. Order of Levy and Satisfaction of Several Writs
§38-4-15. Rules Concerning Distress or Levy
§38-4-16. Officer's Return Upon Fieri Facias
§38-4-17. Resale Upon Default of Purchaser
§38-4-18. Writ of Venditioni Exponas; Notice of Sale
§38-4-19. Proceeding in Case of Death of Officer Before Sale
§38-4-22. Appraisal Before Sale
§38-4-23. Method and Terms of Sale of Appraised Property
§38-4-24. Payments on Purchase Money Notes
§38-4-25. Judgment on Defaulted Purchase Money Notes
§38-4-26. Form of Judgment on Notes
§38-4-28. Liability of Officer for Money Received Under Execution Payable to Nonresident of County
§38-4-29. Successive Executions
§38-4-31. Motion to Quash Execution
§38-4-32. Limitation on Motion for Failure to Return Execution