West Virginia Code
Article 7. Attachment
§38-7-33. Denial of Grounds of Attachment; Trial; New Trial; Appeal

Any person entitled to defend in any attachment proceeding may controvert the existence of the grounds of the attachment and of the facts relied upon to show the existence of such grounds, as such grounds and facts are stated in the affidavit, or in any amendment thereto, and may file an answer in writing denying the existence of such grounds and facts in any proceeding at law or in equity, such answer to be verified as any other pleading. The issue on such answer shall be tried by a jury, unless trial by jury be waived by the parties. The affirmative of such issue shall be with the plaintiff to prove the existence of such grounds and facts, sufficient to sustain the attachment, and, if the verdict be for the defendant, judgment shall be entered abating and discharging the attachment, and awarding to the defendant his costs, and ordering the restoration to him of the attached property. The court may grant new trials as in other cases, and either party may have the judgment reviewed upon a writ of error or appeal as the case may be, as in other actions.

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