W. Va. Code § 55-6-1

Current through 2024 First Special Session

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

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.

W. Va. Code § 55-6-1