West Virginia Code 38-7-12 – Form of order of attachment when bond given
If the plaintiff at the time of suing out his attachment, or afterwards before judgment, give the bond and security required by section eight of this article, such order may be in form or effect as follows:
Terms Used In West Virginia Code 38-7-12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
A…………. B……………, Plaintiff,
vs.Order of Attachment. C…………. D……………, Defendant.
The plaintiff in this case having filed the necessary affidavit and bond, the sheriff of the county of ………., or a constable of any district therein, to whom this order shall come, is hereby required, in the name of the State of West Virginia, to attach the real estate, and to attach and take into his possession the personal property of the defendant, C…………… D……………, sufficient to pay the sum of ……………….. dollars (the amount affiant states the plaintiff is justly entitled to recover), and the costs of the suit, and make return of his proceedings under this order to the next term of the ……………….. court (or at the rules to be held for the ……………….. court on the ……………. day of ……………………, naming in either case the court in which the action is brought).
Witness E…………… F……………, clerk of said court, this ……………. day of ……………………
E…………… F……………, Clerk.