If any person summoned under the four preceding sections shall fail to appear and answer, or shall make any answers which are deemed by the commissioner to be evasive, or if having answered shall fail to make such conveyance, assignment and delivery as is required by such sections, such commissioner shall issue a writ directed to the sheriff of the county requiring such sheriff to take the debtor or other person summoned and to keep him safely until he shall make proper answers, or such conveyance, delivery or assignment as the case may be, and upon making such answer or such conveyance, delivery or assignment, he shall be discharged by such commissioner. He may also be discharged by the court from whose clerk's office the fieri facias or execution issued, or by the judge thereof in vacation, in any case, if the court or judge shall be of opinion that he was improperly or unlawfully detained in custody.
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