West Virginia Code
Article 7. Attachment
§38-7-31. Who May Defend Against Attachment

A defendant, any person entitled to file a petition under the provisions of section forty-one of this article, any party to any bond given under section twenty of this article, any officer who may be liable to the plaintiff by reason of any such bond being adjudged bad, or any other person whose rights are affected by the attachment, shall have the right, either jointly or separately, to defend against any attachment, and to the benefit of all available defenses thereto: Provided, That a judgment in favor of any party to a bond, or in favor of an officer who may be liable by reason of such bond being adjudged bad, shall not discharge the lien of the attachment on any property.

Structure West Virginia Code

West Virginia Code

Chapter 38. Liens

Article 7. Attachment

§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

§38-7-15. Garnishment

§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

§38-7-19. Lien of Attachment

§38-7-20. Retention of Property or Release of Attachment on Forthcoming Bond or Bond to Perform Judgment Taken by Officer

§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

§38-7-23. Custody of Attached Property; Sale of Perishable Property or Property Expensive to Keep; Terms

§38-7-24. Answer of Garnishee

§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

§38-7-30. Service of Process

§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

§38-7-45. Appeal Bond; Return of Property to Owner

§38-7-46. Who May Give Bonds