Any property seized under any attachment, where the plaintiff has given bond, may be retained by, or returned to, the person in whose possession it was, on his giving bond, with condition to have the same forthcoming at such time and place as the court may require; or the defendant in any attachment may release from the attachment the whole of the estate attached, by giving bond, with condition to perform the judgment or decree of the court. The bond, in either case, shall be taken by the officer serving the attachment, with security, payable to the plaintiff, and in a penalty, in the latter case, of at least the amount of the claim for which the attachment issued, with the costs, and in the former, either of the amount of the claim for which the attachment issued, with the costs, or of the value of the property retained or returned, at the option of the person giving it.
Structure West Virginia Code
§38-7-1. Filing of Affidavit; Prejudgment Hearing; Seizure of Property
§38-7-2. Grounds of Attachment
§38-7-3. Statement of Facts Showing Grounds of Attachment in Affidavit
§38-7-4. Form of Order of Attachment
§38-7-5. Attachment for Claim Not Due
§38-7-6. Amendment of Affidavit
§38-7-7. What Property May Be Attached
§38-7-8. Taking Possession of Personal Property; Plaintiff's Bond
§38-7-9. Liability of Officer Where Plaintiff's Bond Given
§38-7-10. Execution of Plaintiff's Bond After Order of Attachment Sued Out
§38-7-11. Exceptions to Plaintiff's Bond
§38-7-12. Form of Order of Attachment When Bond Given
§38-7-13. To What Officers Orders May Be Directed
§38-7-14. Execution and Return of Attachment; Penalty for Failure
§38-7-16. Levy of Attachment Upon Real Estate
§38-7-17. Contents of Officer's Return of Attachment
§38-7-18. Attachment on Sunday or Holiday
§38-7-21. Return and Filing of Forthcoming Bond or Bond to Perform Judgment; Exceptions to Bond
§38-7-22. Interest and Profits Pending Suit; Discharge of Attachment on Bond
§38-7-25. Discharge of Garnishee by Payment of Money or Delivery of Property
§38-7-26. Order Against Garnishee for Payment or Delivery; Forthcoming Bond
§38-7-27. Failure of Garnishee to Answer
§38-7-28. Jury Trials in Garnishment Cases; Waiver of Right; Appeal; Costs
§38-7-29. Effect of Order Against Garnishee as Judgment
§38-7-31. Who May Defend Against Attachment
§38-7-32. Quashing of Attachment for Insufficiency of Affidavit
§38-7-33. Denial of Grounds of Attachment; Trial; New Trial; Appeal
§38-7-34. Final Judgment for Defendant on Merits
§38-7-35. Damages for Unlawful Attachment
§38-7-36. Order of Sale to Satisfy Judgment for Plaintiff
§38-7-37. Sale of Attached Land; Conveyance
§38-7-38. Conveyance by Former Officer; Sale or Conveyance by Special Commissioner
§38-7-39. Bond for Sale of Attached Land When Defendant Has Not Appeared or Been Served
§38-7-40. Bond for Sale of Attached Personal Property When Defendant Has Not Appeared or Been Served
§38-7-41. Intervention of Third Persons; Trial; Costs
§38-7-42. Priority of Attachments
§38-7-43. Rehearing After Judgment or Decree on Service by Publication
§38-7-44. Judgment on Rehearing; Costs