West Virginia § 38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served

West Virginia Statutes

§ 38-7-40 — Bond for sale of attached personal property when defendant has not appeared or been served

West Virginia § 38-7-40

Ch. 38LIENS

Art. 7ATTACHMENT

This text of West Virginia § 38-7-40 (Bond for sale of attached personal property when defendant has not appeared or been served) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 38-7-40 (2026).

Text

If personal property be levied upon, and ordered to be sold, where there has been no such appearance or service of the attachment as is mentioned in the preceding section, and no bond has been given by the plaintiff as provided in section eight of this article, the court shall require such bond to be given by the plaintiff, and if the plaintiff, or someone for him fail to give such bond within a reasonable time, the court shall order such property to be discharged from the lien of the attachment.

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If personal property be levied upon, and ordered to be sold, where there has been no such appearance or service of the attachment as is mentioned in the preceding section, and no bond has been given by the plaintiff as provided in section eight of this article, the court shall require such bond to be given by the plaintiff, and if the plaintiff, or someone for him fail to give such bond within a reasonable time, the court shall order such property to be discharged from the lien of the attachment.