The lien of a writ of fieri facias shall not be good as against a purchaser or assignee of the property subject to the lien, for a valuable consideration and without notice of such lien, unless, at the time of such purchase or assignment, the writ shall have been actually levied upon the property, and the property shall have been in the actual possession of the officer or of some person, other than the judgment debtor, holding such property for the officer. If the property, upon which such writ is a lien, is a debt or liability of some third person to pay money or deliver property to the judgment debtor, any payment or delivery made by such third person to the judgment debtor or his assignee, before such third person has notice of the writ, shall be good, and such person shall be discharged, to the extent of such payment or delivery, from any liability to the judgment creditor: Provided, however, That if the evidence of such debt or liability of such third person is a writing of such a nature that it could be levied on under the provisions of section six of this article, and if such writing has been levied on and taken into the possession of the officer under the writ, such levy shall constitute notice to such third person of the lien of such fieri facias.
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