If the plaintiff in a civil action, whether in a circuit court or magistrate court, for the recovery of specific goods, chattels, or intangible personal property, shall demand immediate possession thereof, a prejudgment hearing shall be held in not less than five nor more than ten days after service upon the defendant of the summons, a verified complaint describing said personal property, and a notice of the time, place, and purpose of the prejudgment hearing. At the prejudgment hearing an inquiry shall be held to determine: (a) The nature of the right or contract under which the plaintiff claims a right to immediate possession; and (b) the nature of the defendant's right to retain possession thereof.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 6. Recovery of Personal Property
§55-6-1. Immediate Recovery of Possession of Personal Property; Notice and Prejudgment Hearing
§55-6-2. Finding of Fact by Court or Magistrate; Bond; Order for Seizure
§55-6-3. Seizure of Property by Officer
§55-6-4. Return of Property to Defendant Upon Execution of Bond