West Virginia § 55-6-1 Immediate recovery of possession of personal property; notice and prejudgment hearing

West Virginia Statutes

§ 55-6-1 — Immediate recovery of possession of personal property; notice and prejudgment hearing

West Virginia § 55-6-1

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 6RECOVERY OF PERSONAL PROPERTY

This text of West Virginia § 55-6-1 (Immediate recovery of possession of personal property; notice and prejudgment hearing) 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 § 55-6-1 (2026).

Text

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.

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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.