West Virginia Code 38-7-4 – Form of order of attachment
The order of attachment shall be issued by the clerk, and may be in form or effect as follows:
Terms Used In West Virginia Code 38-7-4
- 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.
- 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 his affidavit as required by law, the sheriff of the county of ………., or a constable of any district therein, to whom this order may come, is required, in the name of the State of West Virginia, to attach the estate of the defendant, C…………… D……………, sufficient to pay the sum of ….. (the amount the affiant states the plaintiff is justly entitled to recover) and the costs of this suit, and make return of his proceedings under this order to the next term of the ………….. court (or at 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.