(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.
Structure West Virginia Code
Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion
§38-5-2. Time of Return of Summons and Appearance of Debtor
§38-5-3. Record of Examination by Commissioner; Objections and Rulings Thereon
§38-5-5. Compelling Debtor to Answer
§38-5-6. Report by Commissioner
§38-5-7. Orders Concerning Disposition of Property Conveyed, Delivered or Assigned to Officer
§38-5-8. Sale of Real Estate Conveyed to Officer
§38-5-9. Disposition of Personal Property and Collection of Debts
§38-5-10. Suggestion on Judgment; Summons Against Person Suggested
§38-5-11. Officer's Return of Summons
§38-5-12. Discharge of Liability of Person Suggested on Negotiable Instrument
§38-5-13. Contents of Answer of Person Suggested; Verification
§38-5-15. Order of Court for Payment by Person Suggested
§38-5-16. Effect of Order of Court as Judgment
§38-5-17. Failure of Person Suggested to Answer
§38-5-18. Jury Trial in Suggestion Proceedings; Waiver of Jury; Right of Appeal; Costs
§38-5-19. Return by Officer as to Money Received in Suggestion Proceedings; Disposition of Money
§38-5-20. Suit for Recovery of Property or Debt Subject to Lien
§38-5-22. Disposition of Leviable Property Recovered in Suit