More Categories

Rule 64 – Seizure of person or property

May 14, 2021 | Civil Procedure, West Virginia

At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the State existing at the time the remedy is sought, subject to the following qualifications:

(1) An order for the seizure of specific personal property in an action to recover possession of such property shall be executed forthwith and a return made thereon within 20 days after issuance of the order;
(2) an order of civil arrest or attachment shall be executed forthwith and a return made thereon within 30 days after issuance of the order; and
(3) a garnishee shall serve an answer within 90 days after service of the order of attachment, unless the answer is waived. The remedies thus available include arrest, attachment, garnishment, order of seizure of specific personal property, sequestration, and other corresponding or equivalent remedies, however designated and regardless of whether the remedy is ancillary to an action or must be obtained by an independent action.

W.Va. R. Civ. P. 64