(a) Except as otherwise provided in subsection (b) of this section, the attachment first served on the same personal property, or on the person having such property in his possession, or on the person indebted to the defendant in the attachment suit, shall have priority of lien; and the officer making the levy shall note on the order of attachment the day and hour at which the levy is made: Provided, That where two or more attachments are delivered to the same officer at different times to be served, he shall serve them in the order in which he received them, and when they are delivered at the same time they shall be served at the same time, and, if more than one of such attachment be sustained, such of them as are sustained shall be satisfied pro rata out of the proceeds of the attached property.
(b) No garnishment of wages governed by the provisions of this article will be given priority over a voluntary assignment of wages to fulfill a support obligation, a garnishment of wages to collect arrearages in support payments, or a notice of withholding from wages of amounts payable as support, notwithstanding the fact that the garnishment in question or the judgment upon which it is based may have preceded the support-related assignment, garnishment, or notice of withholding in point of time or filing.
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