A garnishee may at any time before the return day of the order mentioned in section fifteen of this article, deliver the property or pay the money for which he is liable, or a sufficiency thereof to satisfy the attachment, to the officer having the order of attachment, and shall thereby be discharged from any further liability under the attachment, and as to the property so delivered and/or money so paid, he shall be discharged from all liability whatsoever to the defendant: Provided, however, That if the obligation upon which the garnishee is indebted to the defendant is evidenced by a negotiable instrument, such obligation shall not, as to a holder in due course, be discharged by such payment: Provided further, That the right of a holder in due course of a negotiable warehouse receipt, bill of lading, or other negotiable instrument for any property so delivered, shall not be impaired by such delivery.
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