If the defendant whose real estate is attached has not appeared in the action, proceeding or suit, or been served with a copy of the attachment sixty days before such judgment, decree or order, no sale of the real estate so attached shall be made until the plaintiff, or someone for him shall give bond, with sufficient security, in such penalty as the court shall approve, with condition that the plaintiff will perform such future order as may be made by the court in the action or suit, in case the defendant appear and make defense therein within the time prescribed by law: Provided, That after the right of a defendant to appear and make defense in any such action or suit shall have expired by limitation or otherwise, as prescribed in this chapter, a sale of such real estate may be made under the judgment, order or decree, whether such bond has been given or not.
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