When property of the value of more than $50 is taken under a warrant of distress, or when property of any value is taken under an execution issued by the clerk of a court, and any person, other than the party against whom the process issued, claims such property, or the proceeds or value thereof, the circuit court of the county in which the property is taken, or the judge thereof in vacation, upon the application of the officer, where no indemnifying bond has been given, or if one has been given, on the application of the person who claims such property and has given such suspending bond as is mentioned in the next preceding section, may cause to appear before such court, as well the party issuing such process, as the party making such claim; and such court may exercise, for the decision of their rights, all or any of the powers and authority prescribed in section one, article ten, chapter fifty-six of this code. Such court on the application of the party issuing such process may cause to appear before it the party making such claim, and may exercise the like power and authority.
Structure West Virginia Code
§38-6-1. Bond to Indemnify Officer Making Levy
§38-6-2. Effect of Giving, or of Refusal to Give, Bond; Return of Bond to Clerk's Office
§38-6-3. Suspending Bond; Settling Claimant's Title; How Suits on Bonds Prosecuted
§38-6-4. Procedure for Determination of Conflicting Claims to Property Levied On
§38-6-5. Order of Sale Pending Determination of Rights
§38-6-6. Disposition of Surplus Proceeds
§38-6-8. Sale of Perishable Property or Property Expensive to Keep
§38-6-9. Levy on Additional Property
§38-6-10. Enforcement of Forthcoming Bond
§38-6-11. Action or Motion on Forthcoming Bond; Enforcement of Original Judgment
§38-6-12. Defenses to Bond Taken Under Distress Warrant
§38-6-13. Remedies on Quashing of Forthcoming Bond
§38-6-14. Forthcoming Bonds Forbidden in Certain Cases
§38-6-15. Indorsement on Execution Forbidding Forthcoming Bond