§ 50-6-1 — Enforcement of judgments

West Virginia § 50-6-1

• Jurisdiction: West Virginia
• Ch. 50: MAGISTRATE COURTS
• Art. 6: ENFORCEMENT OF CIVIL JUDGMENTS

Text

(a) The provisions of articles three, four, five, five-a, five-b and six, chapter thirty-eight of this code, except as the same are in conflict with the provisions of this chapter or are clearly applicable only to courts of record, shall apply to the enforcement of judgments rendered in magistrate court and process therefor shall issue from magistrate court. Process issued in violation of such provisions shall be void. The form of such process shall be in accord with the rules of the Supreme Court of Appeals. No such process shall issue until after twenty days after the judgment is rendered or, if a motion to set aside such judgment is then pending, until after twenty days after the determination of such motion.

(b) A magistrate court clerk, deputy clerk or magistrate assistant before whom a suggestion of salary and wages is instituted pursuant to the provisions of articles five-a and five-b, chapter thirty-eight of this code shall forward all post judgment process directly to the sheriff of any county in the same manner and with the same authority as has been given to circuit clerks, pursuant to section five, article three, chapter fifty-six.

Legislative History

2003 Reg. Sess., SB4; 1992 Reg. Sess., HB4077; 1982 Reg. Sess., HB1220; 1981 Reg. Sess., SB576; 1978 Reg. Sess., HB934; 1976 Reg. Sess., HB1087