State Codes and Statutes

Statutes > West-virginia > 38

§38-1-1 Vendor's lien; its enforcement.
§38-1-1a Deeds of trust conveying real and/or personal property; limitations on application of article.
§38-1-2 Form of trust deed.
§38-1-3 Sales under trust deeds.
§38-1-4 Notice of sale.
§38-1-4a Statute of limitations for sales by trustees.
§38-1-5 Terms of sale.
§38-1-6 Form of trustee's deed.
§38-1-7 Application of proceeds.
§38-1-8 Return of account of sale; forfeiture of commissions on failure to account.
§38-1-8a Reports by Trustee to County Clerk; additional information to be filed with report of sale.
§38-1-9 Recordation of account of trustee.
§38-1-10 Who may require trustee to give bond; new trustee on failure to give; notice.
§38-1-11 Amount and approval of bond of trustee; recordation; effect of failure to give.
§38-1-12 Bond of new trustee appointed by court; recordation.
§38-1-13 Applicability of article 14 of chapter 44.
§38-1-14 Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release.
§38-1-15 Validity of deed of trust upon renewal of loan.
§38-1A-1 "Security trust" defined.
§38-1A-2 Nonresident of state not to be named trustee; corporations eligible to be trustees.
§38-1A-3 Validity of sales and titles conveyed by nonresident trustees.
§38-1A-4 Enjoining sales or conveyances by nonresident trustees.
§38-1A-5 Recovery of commissions, costs and expenses following sale by nonresident trustee.
§38-1A-6 Security trust not to be recorded unless trustee's address stated; sufficiency thereof.
§38-1A-7 Secretary of state attorney-in-fact for service on nonresident trustees.
§38-1A-8 How service of process or notice made.
§38-1A-9 Action by secretary of state following service.
§38-1A-10 Other manner of serving process or notice.
§38-1A-11 Appointment of resident trustee by court; powers and duties of substituted trustee.
§38-1A-12 Notice of motion for appointment of resident trustee; guardians ad litem.
§38-1A-13 Provisions of article severable and remedial.
§38-2-1 Lien of contractor.
§38-2-2 Lien of subcontractor.
§38-2-3 Lien of materialman furnishing supplies to owner.
§38-2-4 Lien of materialman furnishing supplies to contractor or subcontractor.
§38-2-5 Lien of mechanic or laborer working for owner.
§38-2-6 Lien of mechanic or laborer working for contractor or subcontractor.
§38-2-6a Lien of architect, surveyor, engineer or landscape architect.
§38-2-7 Necessity and period for perfecting lien.
§38-2-8 Notice and recordation of contractor's lien.
§38-2-9 Notice and recordation of subcontractor's lien.
§38-2-10 Notice and recordation of lien for supplies furnished to owner.
§38-2-11 Notice and recordation of lien for supplies furnished to contractor or subcontractor.
§38-2-12 Notice and recordation of lien of mechanic or laborer working for owner.
§38-2-13 Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.
§38-2-14 Discharge of lien for failure to comply with article.
§38-2-15 Publication and posting of notice to nonresident owner or owner not found.
§38-2-16 What deemed included in one contract.
§38-2-17 Priority of mechanics' liens over other liens.
§38-2-18 Priority as among mechanics' lienors.
§38-2-19 Demand of account by owner; discharge of lien for failure to file account.
§38-2-20 Preliminary notice to owner; effect.
§38-2-21 Effect of payment by owner to contractor or subcontractor.
§38-2-22 Limitation of owner's liability by recordation of contract and bond of general contractor.
§38-2-23 Effect of failure of owner to record contract and bond.
§38-2-24 Form of bond.
§38-2-25 Amount of rural land subject to lien.
§38-2-26 Enforcement of contractor's bond in suit to enforce lien.
§38-2-27 Clerk of county court to record notices of liens, contracts and bonds; record book; indexing.
§38-2-28 Proof of sale and delivery prima facie proof of use of materials.
§38-2-29 Lien on several structures.
§38-2-30 Compensation and lien of contractor on default of owner.
§38-2-31 Lien against corporation for work or labor; priority.
§38-2-32 Perfecting lien for work or labor against corporation.
§38-2-33 Clerk to record notices of liens against corporations for work and labor.
§38-2-34 Time within which suit to enforce lien may be brought; right of other lienors to intervene.
§38-2-35 Decree of sale in suit to enforce lien; personal decree.
§38-2-36 Discharge or release of lien; recordation; escrow; disbursement of escrow.
§38-2-37 Ordering clerk to execute release when lienholder refuses.
§38-2-38 Enforcement of lien by executor, administrator or assignee.
§38-2-39 Public building; bond of contractor; recordation of bond; no lien in such case.
§38-3-1 Effect of decrees and orders; enforcement.
§38-3-2 Decree or order for payment of money; enforcement by execution.
§38-3-3 Meaning of word "judgment."
§38-3-4 Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.
§38-3-5 Docketing abstracts of judgments; indexing; damages or penalty for failure of clerk to perform duties.
§38-3-6 Lien of judgment on real estate.
§38-3-7 Judgment lien not good as against bona fide purchasers unless docketed, etc.; effect of issuing and filing execution.
§38-3-8 Notation of executions on judgment lien docket.
§38-3-9 Enforcement of judgment lien by suit.
§38-3-10 Same -- Parties.
§38-3-11 Same -- Publication of notice to lienholders.
§38-3-12 Same -- Duties of commissioner.
§38-3-13 Same -- Confirmation of report; decree of rental or sale and distribution.
§38-3-14 Same -- Judgment against debtor pending suit.
§38-3-15 Same -- Other proceedings commenced pending suit.
§38-3-16 Order of liability of real estate.
§38-3-17 Judgment liens commencing on same day.
§38-3-18 Limitations on enforcement of judgments.
§38-3-19 Exceptions to limitations.
§38-4-1 Executions against corporations.
§38-4-2 Executions on joint judgments.
§38-4-3 Execution for benefit of person other than plaintiff.
§38-4-4 Writs of possession and fieri facias on judgments for specific property.
§38-4-5 Execution or fieri facias on money judgment.
§38-4-6 On what fieri facias may be levied.
§38-4-7 How currency or bank notes shall be accounted for.
§38-4-8 Commencement and duration of lien of fieri facias.
§38-4-9 Purchaser for value and without notice before levy takes free of lien; payment or delivery to debtor without notice is without liability.
§38-4-10 Docketing as constructive notice.
§38-4-11 Docketing of execution.
§38-4-12 Exemption from execution.
§38-4-13 Indorsement of time of receipt by officer; penalty for failure to indorse.
§38-4-14 Order of levy and satisfaction of several writs.
§38-4-15 Rules concerning distress or levy.
§38-4-16 Officer's return upon fieri facias.
§38-4-17 Resale upon default of purchaser.
§38-4-18 Writ of venditioni exponas; notice of sale.
§38-4-19 Proceeding in case of death of officer before sale.
§38-4-20 Time and place for sale of personal property under distraint, levy or order of court; posting or publishing notice; conduct and terms of sale.
§38-4-21 Adjournment of sale.
§38-4-22 Appraisal before sale.
§38-4-23 Method and terms of sale of appraised property.
§38-4-24 Payments on purchase money notes.
§38-4-25 Judgment on defaulted purchase money notes.
§38-4-26 Form of judgment on notes.
§38-4-27 Disposition of surplus received by officer; disposition of money not paid over when execution stayed.
§38-4-28 Liability of officer for money received under execution payable to nonresident of county.
§38-4-29 Successive executions.
§38-4-30 New execution when property sold is recovered from obligor on indemnifying bond or purchaser.
§38-4-31 Motion to quash execution.
§38-4-32 Limitation on motion for failure to return execution.
§38-5-1 Ascertainment by interrogatories of estate upon which fieri facias or execution is a lien and of real estate to which judgment debtor is entitled.
§38-5-2 Time of return of summons and appearance of debtor.
§38-5-3 Record of examination by commissioner; objections and rulings thereon.
§38-5-4 Conveyance of real estate outside state and delivery or assignment of personal estate to officer.
§38-5-5 Compelling debtor to answer.
§38-5-6 Report by commissioner.
§38-5-7 Orders concerning disposition of property conveyed, delivered or assigned to officer.
§38-5-8 Sale of real estate conveyed to officer.
§38-5-9 Disposition of personal property and collection of debts.
§38-5-10 Suggestion on judgment; summons against person suggested.
§38-5-11 Officer's return of summons.
§38-5-12 Discharge of liability of person suggested on negotiable instrument.
§38-5-13 Contents of answer of person suggested; verification.
§38-5-14 Discharge of person suggested by payment of money or delivery of property; officer's receipt.
§38-5-15 Order of court for payment by person suggested.
§38-5-16 Effect of order of court as judgment.
§38-5-17 Failure of person suggested to answer.
§38-5-18 Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs.
§38-5-19 Return by officer as to money received in suggestion proceedings; disposition of money.
§38-5-20 Suit for recovery of property or debt subject to lien.
§38-5-21 Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor.
§38-5-22 Disposition of leviable property recovered in suit.
§38-5-23 Additional executions.
§38-5A-1 Definitions.
§38-5A-2 Salary or wages subject to suggestion only as provided in this article.
§38-5A-3 Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions.
§38-5A-4 Notice to judgment debtor; time for service on suggestee; fee
§38-5A-5 Service of suggestee execution upon suggestee; payments in satisfaction of execution; action for failure or refusal to pay; payments to be made every ninety days.
§38-5A-6 Vacation and modification of suggestee executions.
§38-5A-7 Renewal of suggestee executions.
§38-5A-8 Priority of suggestee executions over assignments.
§38-5A-9 Exemptions.
§38-5A-10 Accounting for moneys collected under suggestee executions.
§38-5A-11 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5A-12 Fees.
§38-5A-13 Construction of article.
§38-5B-1 Definitions.
§38-5B-2 Application for suggestee execution against money from state, state agency or political subdivision; extent of lien and continuing levy; priority among suggestee executions.
§38-5B-3 Suggestee execution against salary or wages; commencement of lien; priorities.
§38-5B-4 Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee.
§38-5B-5 Service of suggestee execution and vacating or modifying order.
§38-5B-6 Vacation and modification of suggestee executions.
§38-5B-7 Renewal of suggestee executions.
§38-5B-8 Fees.
§38-5B-9 Payments in satisfaction of execution; liability of officer for payment or failure to pay; action against political subdivision failing to pay; declaratory judgment as to right against state.
§38-5B-10 Priority of suggestee executions over assignments.
§38-5B-11 Executions against claims due contractors on public works.
§38-5B-12 Exemptions.
§38-5B-13 Accounting for moneys collected under suggestee executions.
§38-5B-14 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5B-15 Garnishment and suggestion of money and other personality in hands of public officers.
§38-5B-16 Construction of article; effect on existing law.
§38-6-1 Bond to indemnify officer making levy.
§38-6-2 Effect of giving, or of refusal to give, bond; return of bond to clerk's office.
§38-6-3 Suspending bond; settling claimant's title; how suits on bonds prosecuted.
§38-6-4 Procedure for determination of conflicting claims to property levied on.
§38-6-5 Order of sale pending determination of rights.
§38-6-6 Disposition of surplus proceeds.
§38-6-7 Forthcoming bonds.
§38-6-8 Sale of perishable property or property expensive to keep.
§38-6-9 Levy on additional property.
§38-6-10 Enforcement of forthcoming bond.
§38-6-11 Action or motion on forthcoming bond; enforcement of original judgment.
§38-6-12 Defenses to bond taken under distress warrant.
§38-6-13 Remedies on quashing of forthcoming bond.
§38-6-14 Forthcoming bonds forbidden in certain cases.
§38-6-15 Indorsement on execution forbidding forthcoming bond.
§38-6-16 Costs.
§38-7-1 Filing of affidavit; prejudgment hearing; seizure of property.
§38-7-2 Grounds of attachment.
§38-7-3 Statement of facts showing grounds of attachment in affidavit.
§38-7-4 Form of order of attachment.
§38-7-5 Attachment for claim not due.
§38-7-6 Amendment of affidavit.
§38-7-7 What property may be attached.
§38-7-8 Taking possession of personal property; plaintiff's bond.
§38-7-9 Liability of officer where plaintiff's bond given.
§38-7-10 Execution of plaintiff's bond after order of attachment sued out.
§38-7-11 Exceptions to plaintiff's bond.
§38-7-12 Form of order of attachment when bond given.
§38-7-13 To what officers orders may be directed.
§38-7-14 Execution and return of attachment; penalty for failure.
§38-7-15 Garnishment.
§38-7-16 Levy of attachment upon real estate.
§38-7-17 Contents of officer's return of attachment.
§38-7-18 Attachment on Sunday or holiday.
§38-7-19 Lien of attachment.
§38-7-20 Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.
§38-7-21 Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.
§38-7-22 Interest and profits pending suit; discharge of attachment on bond.
§38-7-23 Custody of attached property; sale of perishable property or property expensive to keep; terms.
§38-7-24 Answer of garnishee.
§38-7-25 Discharge of garnishee by payment of money or delivery of property.
§38-7-26 Order against garnishee for payment or delivery; forthcoming bond.
§38-7-27 Failure of garnishee to answer.
§38-7-28 Jury trials in garnishment cases; waiver of right; appeal; costs.
§38-7-29 Effect of order against garnishee as judgment.
§38-7-30 Service of process.
§38-7-31 Who may defend against attachment.
§38-7-32 Quashing of attachment for insufficiency of affidavit.
§38-7-33 Denial of grounds of attachment; trial; new trial; appeal.
§38-7-34 Final judgment for defendant on merits.
§38-7-35 Damages for unlawful attachment.
§38-7-36 Order of sale to satisfy judgment for plaintiff.
§38-7-37 Sale of attached land; conveyance.
§38-7-38 Conveyance by former officer; sale or conveyance by special commissioner.
§38-7-39 Bond for sale of attached land when defendant has not appeared or been served.
§38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served.
§38-7-41 Intervention of third persons; trial; costs.
§38-7-42 Priority of attachments.
§38-7-43 Rehearing after judgment or decree on service by publication.
§38-7-44 Judgment on rehearing; costs.
§38-7-45 Appeal bond; return of property to owner.
§38-7-46 Who may give bonds.
§38-8-1 Exemptions of personal property.
§38-8-2 Definition of value.
§38-8-3 Method of claiming exemption on personal property.
§38-8-4 Demand for appraisement; selection of appraisers.
§38-8-5 Appraisement.
§38-8-6 Officer's return to include appraisement and debtor's list.
§38-8-7 Release of exempt claim or demand.
§38-8-8 Forfeiture by officer selling or refusing to release exempt property.
§38-8-9 Compensation of appraisers.
§38-8-10 Right of exemption of surviving spouse or minor children.
§38-8-11 No exemption from claims for child or spousal support, purchase money or taxes.
§38-8-12 How appraisement may be set aside; determination of liens.
§38-8-13 Proceedings or transfers to avoid exemption prohibited.
§38-8-14 Unripe crops exempt; exception as to corn.
§38-8-15 Waiver of exemption void.
§38-9-1 Persons entitled to homestead; value.
§38-9-2 Definitions.
§38-9-4 Proceedings to reach excess value of homestead.
§38-9-5 Descent of homestead to infant children.
§38-9-6 Waiver of exemption void.
§38-10-1 Recordation of federal tax lien; release; fee.
§38-10-1a Recordation of certificates of redemption.
§38-10-2 Recordation of adjudications of bankruptcy; fee.
§38-10-3 Recordation of orders approving bonds of trustees in bankruptcy; fee.
§38-10-4 Exemptions of property in bankruptcy proceedings
§38-10A-1 Scope.
§38-10A-2 Place of filing.
§38-10A-3 Execution of notices and certificates.
§38-10A-4 Duties of the clerk of the county commission.
§38-10A-5 Fees.
§38-10B-1 Repealed
§38-10C-1 Recordation necessary for priority of liens in favor of state, political subdivision or municipality.
§38-10C-2 Notices of liens of state, political subdivisions and municipalities to be filed; indexes; release.
§38-10D-1 Recordation of federal superfund liens; release; fee.
§38-11-1 Definition of lienor.
§38-11-2 Rights of lienor in property subject to other claims; priority.
§38-11-3 Improver's, storer's or transporter's lien on personal property and animals.
§38-11-4 Lien of bailee of animals or vehicles.
§38-11-5 Lien for lodging and board.
§38-11-6 Lien of humane officer.
§38-11-7 Recovery of possession from owner by lienor.
§38-11-8 Lien for service of male animals.
§38-11-9 Workman's or materialman's lien on vessel.
§38-11-10 Lienor's right to compensation and lien for storage.
§38-11-11 Assignability of liens.
§38-11-12 Liability of lienor or pledgee for safe return of property delivered to another.
§38-11-13 How possessory lien may be waived, lost or released.
§38-11-14 Enforcement of lien or pledge.
§38-11-15 Sale or disposition of perishable or hazardous goods by lienor or pledgee.
§38-11-16 Other remedies of lienor or pledgee.
§38-11-17 Repealed
§38-12-1 When release of lien required; requisites thereof.
§38-12-2 When trustee may release lien of deed of trust; effect.
§38-12-3 Release by trustee when unnamed persons are secured; publication; effect.
§38-12-4 Form of release; recordation of assignment with release by assignee.
§38-12-5 Partial or limited release.
§38-12-6 Liability of lienor for release after assignment.
§38-12-7 Release when lienor under disability.
§38-12-8 Recordation of release; effect.
§38-12-9 Duties of clerk.
§38-12-10 Action on refusal of lienholder to execute release.
§38-12-11 Construction of article.
§38-12-12 Noting satisfaction of execution on judgment lien docket.
§38-12-13 Penalty for failure of clerk or other officer.
§38-13-1 Assignment by insolvent; form; acknowledgment; recordation; assent of trustee; transfer of stockholders' liability.
§38-13-2 Oath and bond of trustee; requiring further security.
§38-13-3 Reference to fiduciary commissioner; appraisers.
§38-13-4 Trustee to file schedule; substitute trustee.
§38-13-5 Notice by trustee to creditors; publication and mailing.
§38-13-6 Filing and proof of claims.
§38-13-7 Liens requiring or not requiring proof; waiver by lienor; delinquent taxes; sales of property subject to liens or taxes.
§38-13-8 First meeting of creditors; substitute trustee.
§38-13-9 Sales by trustee; creditors may prescribe manner and terms; powers of fiduciary commissioner; compromising claims; continuing operation of business.
§38-13-10 Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.
§38-13-11 Report by fiduciary commissioner; appeal from decision; allowance of expenses and fees; directions to trustee; dividends; closing trusteeship.
§38-13-12 Powers, duties and qualifications of trustee; substitute for unqualified, removed, deceased or disabled trustee.
§38-13-13 Powers and duties of fiduciary commissioner.
§38-13-14 Duties of assignor.
§38-13-15 Fiduciary commissioner to certify to circuit court disobedience of order, etc.; punishment for contempt by court.
§38-13-16 Expenses and fees of trustee, fiduciary commissioner, appraisers and attorneys for trustee.
§38-14-1 Short title.
§38-14-2 Definitions.
§38-14-3 Self-service storage lien.
§38-14-4 Late fees.
§38-14-5 Enforcement of self-service storage lien.
§38-14-6 Other legal remedies may be used.
§38-14-7 Duties; care, custody and control of property.
§38-14-8 Savings clause.
§38-14-9 Effective date and application of article.
§16738-15-1to38-15-20 Repealed
§38-16-102 Court of competent jurisdiction defined.
§38-16-103 Federal government defined.
§38-16-104 Federal official or employee defined.
§38-16-105 Lien defined.
§38-16-106 Nonconsensual common law lien defined.
§38-16-107 Purported court defined.
§38-16-108 State or local official or employee defined.
§38-16-202 Real property common law liens unenforceable; personal property common law liens limited.
§38-16-302 No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.
§38-16-303 Claim of lien against a federal official or employeeor a state or local official or employee;performance of duties; validity; no duty to acceptfiling; notice of invalid lien.
§38-16-304 No duty to disclose record of common law lien.
§38-16-305 Immunity from liability for failure to accept filing or disclose common law lien.
§38-16-306 No duty to disclose fraudulent lien record; lien of purported court is a nullity.
§38-16-402 Action on fraudulent judgment lien.
§38-16-403 Action on fraudulent lien on property.
§38-16-404 Costs and attorneys' fees.
§38-16-405 Warning sign.
§38-16-406 Documents filed with secretary of state.
§38-16-502 Cause of action.
§38-16-503 Venue.
§38-16-504 Filing fees.
§38-16-505 Plaintiff's costs.
§38-16-506 Effect on other law.

State Codes and Statutes

Statutes > West-virginia > 38

§38-1-1 Vendor's lien; its enforcement.
§38-1-1a Deeds of trust conveying real and/or personal property; limitations on application of article.
§38-1-2 Form of trust deed.
§38-1-3 Sales under trust deeds.
§38-1-4 Notice of sale.
§38-1-4a Statute of limitations for sales by trustees.
§38-1-5 Terms of sale.
§38-1-6 Form of trustee's deed.
§38-1-7 Application of proceeds.
§38-1-8 Return of account of sale; forfeiture of commissions on failure to account.
§38-1-8a Reports by Trustee to County Clerk; additional information to be filed with report of sale.
§38-1-9 Recordation of account of trustee.
§38-1-10 Who may require trustee to give bond; new trustee on failure to give; notice.
§38-1-11 Amount and approval of bond of trustee; recordation; effect of failure to give.
§38-1-12 Bond of new trustee appointed by court; recordation.
§38-1-13 Applicability of article 14 of chapter 44.
§38-1-14 Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release.
§38-1-15 Validity of deed of trust upon renewal of loan.
§38-1A-1 "Security trust" defined.
§38-1A-2 Nonresident of state not to be named trustee; corporations eligible to be trustees.
§38-1A-3 Validity of sales and titles conveyed by nonresident trustees.
§38-1A-4 Enjoining sales or conveyances by nonresident trustees.
§38-1A-5 Recovery of commissions, costs and expenses following sale by nonresident trustee.
§38-1A-6 Security trust not to be recorded unless trustee's address stated; sufficiency thereof.
§38-1A-7 Secretary of state attorney-in-fact for service on nonresident trustees.
§38-1A-8 How service of process or notice made.
§38-1A-9 Action by secretary of state following service.
§38-1A-10 Other manner of serving process or notice.
§38-1A-11 Appointment of resident trustee by court; powers and duties of substituted trustee.
§38-1A-12 Notice of motion for appointment of resident trustee; guardians ad litem.
§38-1A-13 Provisions of article severable and remedial.
§38-2-1 Lien of contractor.
§38-2-2 Lien of subcontractor.
§38-2-3 Lien of materialman furnishing supplies to owner.
§38-2-4 Lien of materialman furnishing supplies to contractor or subcontractor.
§38-2-5 Lien of mechanic or laborer working for owner.
§38-2-6 Lien of mechanic or laborer working for contractor or subcontractor.
§38-2-6a Lien of architect, surveyor, engineer or landscape architect.
§38-2-7 Necessity and period for perfecting lien.
§38-2-8 Notice and recordation of contractor's lien.
§38-2-9 Notice and recordation of subcontractor's lien.
§38-2-10 Notice and recordation of lien for supplies furnished to owner.
§38-2-11 Notice and recordation of lien for supplies furnished to contractor or subcontractor.
§38-2-12 Notice and recordation of lien of mechanic or laborer working for owner.
§38-2-13 Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.
§38-2-14 Discharge of lien for failure to comply with article.
§38-2-15 Publication and posting of notice to nonresident owner or owner not found.
§38-2-16 What deemed included in one contract.
§38-2-17 Priority of mechanics' liens over other liens.
§38-2-18 Priority as among mechanics' lienors.
§38-2-19 Demand of account by owner; discharge of lien for failure to file account.
§38-2-20 Preliminary notice to owner; effect.
§38-2-21 Effect of payment by owner to contractor or subcontractor.
§38-2-22 Limitation of owner's liability by recordation of contract and bond of general contractor.
§38-2-23 Effect of failure of owner to record contract and bond.
§38-2-24 Form of bond.
§38-2-25 Amount of rural land subject to lien.
§38-2-26 Enforcement of contractor's bond in suit to enforce lien.
§38-2-27 Clerk of county court to record notices of liens, contracts and bonds; record book; indexing.
§38-2-28 Proof of sale and delivery prima facie proof of use of materials.
§38-2-29 Lien on several structures.
§38-2-30 Compensation and lien of contractor on default of owner.
§38-2-31 Lien against corporation for work or labor; priority.
§38-2-32 Perfecting lien for work or labor against corporation.
§38-2-33 Clerk to record notices of liens against corporations for work and labor.
§38-2-34 Time within which suit to enforce lien may be brought; right of other lienors to intervene.
§38-2-35 Decree of sale in suit to enforce lien; personal decree.
§38-2-36 Discharge or release of lien; recordation; escrow; disbursement of escrow.
§38-2-37 Ordering clerk to execute release when lienholder refuses.
§38-2-38 Enforcement of lien by executor, administrator or assignee.
§38-2-39 Public building; bond of contractor; recordation of bond; no lien in such case.
§38-3-1 Effect of decrees and orders; enforcement.
§38-3-2 Decree or order for payment of money; enforcement by execution.
§38-3-3 Meaning of word "judgment."
§38-3-4 Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.
§38-3-5 Docketing abstracts of judgments; indexing; damages or penalty for failure of clerk to perform duties.
§38-3-6 Lien of judgment on real estate.
§38-3-7 Judgment lien not good as against bona fide purchasers unless docketed, etc.; effect of issuing and filing execution.
§38-3-8 Notation of executions on judgment lien docket.
§38-3-9 Enforcement of judgment lien by suit.
§38-3-10 Same -- Parties.
§38-3-11 Same -- Publication of notice to lienholders.
§38-3-12 Same -- Duties of commissioner.
§38-3-13 Same -- Confirmation of report; decree of rental or sale and distribution.
§38-3-14 Same -- Judgment against debtor pending suit.
§38-3-15 Same -- Other proceedings commenced pending suit.
§38-3-16 Order of liability of real estate.
§38-3-17 Judgment liens commencing on same day.
§38-3-18 Limitations on enforcement of judgments.
§38-3-19 Exceptions to limitations.
§38-4-1 Executions against corporations.
§38-4-2 Executions on joint judgments.
§38-4-3 Execution for benefit of person other than plaintiff.
§38-4-4 Writs of possession and fieri facias on judgments for specific property.
§38-4-5 Execution or fieri facias on money judgment.
§38-4-6 On what fieri facias may be levied.
§38-4-7 How currency or bank notes shall be accounted for.
§38-4-8 Commencement and duration of lien of fieri facias.
§38-4-9 Purchaser for value and without notice before levy takes free of lien; payment or delivery to debtor without notice is without liability.
§38-4-10 Docketing as constructive notice.
§38-4-11 Docketing of execution.
§38-4-12 Exemption from execution.
§38-4-13 Indorsement of time of receipt by officer; penalty for failure to indorse.
§38-4-14 Order of levy and satisfaction of several writs.
§38-4-15 Rules concerning distress or levy.
§38-4-16 Officer's return upon fieri facias.
§38-4-17 Resale upon default of purchaser.
§38-4-18 Writ of venditioni exponas; notice of sale.
§38-4-19 Proceeding in case of death of officer before sale.
§38-4-20 Time and place for sale of personal property under distraint, levy or order of court; posting or publishing notice; conduct and terms of sale.
§38-4-21 Adjournment of sale.
§38-4-22 Appraisal before sale.
§38-4-23 Method and terms of sale of appraised property.
§38-4-24 Payments on purchase money notes.
§38-4-25 Judgment on defaulted purchase money notes.
§38-4-26 Form of judgment on notes.
§38-4-27 Disposition of surplus received by officer; disposition of money not paid over when execution stayed.
§38-4-28 Liability of officer for money received under execution payable to nonresident of county.
§38-4-29 Successive executions.
§38-4-30 New execution when property sold is recovered from obligor on indemnifying bond or purchaser.
§38-4-31 Motion to quash execution.
§38-4-32 Limitation on motion for failure to return execution.
§38-5-1 Ascertainment by interrogatories of estate upon which fieri facias or execution is a lien and of real estate to which judgment debtor is entitled.
§38-5-2 Time of return of summons and appearance of debtor.
§38-5-3 Record of examination by commissioner; objections and rulings thereon.
§38-5-4 Conveyance of real estate outside state and delivery or assignment of personal estate to officer.
§38-5-5 Compelling debtor to answer.
§38-5-6 Report by commissioner.
§38-5-7 Orders concerning disposition of property conveyed, delivered or assigned to officer.
§38-5-8 Sale of real estate conveyed to officer.
§38-5-9 Disposition of personal property and collection of debts.
§38-5-10 Suggestion on judgment; summons against person suggested.
§38-5-11 Officer's return of summons.
§38-5-12 Discharge of liability of person suggested on negotiable instrument.
§38-5-13 Contents of answer of person suggested; verification.
§38-5-14 Discharge of person suggested by payment of money or delivery of property; officer's receipt.
§38-5-15 Order of court for payment by person suggested.
§38-5-16 Effect of order of court as judgment.
§38-5-17 Failure of person suggested to answer.
§38-5-18 Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs.
§38-5-19 Return by officer as to money received in suggestion proceedings; disposition of money.
§38-5-20 Suit for recovery of property or debt subject to lien.
§38-5-21 Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor.
§38-5-22 Disposition of leviable property recovered in suit.
§38-5-23 Additional executions.
§38-5A-1 Definitions.
§38-5A-2 Salary or wages subject to suggestion only as provided in this article.
§38-5A-3 Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions.
§38-5A-4 Notice to judgment debtor; time for service on suggestee; fee
§38-5A-5 Service of suggestee execution upon suggestee; payments in satisfaction of execution; action for failure or refusal to pay; payments to be made every ninety days.
§38-5A-6 Vacation and modification of suggestee executions.
§38-5A-7 Renewal of suggestee executions.
§38-5A-8 Priority of suggestee executions over assignments.
§38-5A-9 Exemptions.
§38-5A-10 Accounting for moneys collected under suggestee executions.
§38-5A-11 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5A-12 Fees.
§38-5A-13 Construction of article.
§38-5B-1 Definitions.
§38-5B-2 Application for suggestee execution against money from state, state agency or political subdivision; extent of lien and continuing levy; priority among suggestee executions.
§38-5B-3 Suggestee execution against salary or wages; commencement of lien; priorities.
§38-5B-4 Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee.
§38-5B-5 Service of suggestee execution and vacating or modifying order.
§38-5B-6 Vacation and modification of suggestee executions.
§38-5B-7 Renewal of suggestee executions.
§38-5B-8 Fees.
§38-5B-9 Payments in satisfaction of execution; liability of officer for payment or failure to pay; action against political subdivision failing to pay; declaratory judgment as to right against state.
§38-5B-10 Priority of suggestee executions over assignments.
§38-5B-11 Executions against claims due contractors on public works.
§38-5B-12 Exemptions.
§38-5B-13 Accounting for moneys collected under suggestee executions.
§38-5B-14 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5B-15 Garnishment and suggestion of money and other personality in hands of public officers.
§38-5B-16 Construction of article; effect on existing law.
§38-6-1 Bond to indemnify officer making levy.
§38-6-2 Effect of giving, or of refusal to give, bond; return of bond to clerk's office.
§38-6-3 Suspending bond; settling claimant's title; how suits on bonds prosecuted.
§38-6-4 Procedure for determination of conflicting claims to property levied on.
§38-6-5 Order of sale pending determination of rights.
§38-6-6 Disposition of surplus proceeds.
§38-6-7 Forthcoming bonds.
§38-6-8 Sale of perishable property or property expensive to keep.
§38-6-9 Levy on additional property.
§38-6-10 Enforcement of forthcoming bond.
§38-6-11 Action or motion on forthcoming bond; enforcement of original judgment.
§38-6-12 Defenses to bond taken under distress warrant.
§38-6-13 Remedies on quashing of forthcoming bond.
§38-6-14 Forthcoming bonds forbidden in certain cases.
§38-6-15 Indorsement on execution forbidding forthcoming bond.
§38-6-16 Costs.
§38-7-1 Filing of affidavit; prejudgment hearing; seizure of property.
§38-7-2 Grounds of attachment.
§38-7-3 Statement of facts showing grounds of attachment in affidavit.
§38-7-4 Form of order of attachment.
§38-7-5 Attachment for claim not due.
§38-7-6 Amendment of affidavit.
§38-7-7 What property may be attached.
§38-7-8 Taking possession of personal property; plaintiff's bond.
§38-7-9 Liability of officer where plaintiff's bond given.
§38-7-10 Execution of plaintiff's bond after order of attachment sued out.
§38-7-11 Exceptions to plaintiff's bond.
§38-7-12 Form of order of attachment when bond given.
§38-7-13 To what officers orders may be directed.
§38-7-14 Execution and return of attachment; penalty for failure.
§38-7-15 Garnishment.
§38-7-16 Levy of attachment upon real estate.
§38-7-17 Contents of officer's return of attachment.
§38-7-18 Attachment on Sunday or holiday.
§38-7-19 Lien of attachment.
§38-7-20 Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.
§38-7-21 Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.
§38-7-22 Interest and profits pending suit; discharge of attachment on bond.
§38-7-23 Custody of attached property; sale of perishable property or property expensive to keep; terms.
§38-7-24 Answer of garnishee.
§38-7-25 Discharge of garnishee by payment of money or delivery of property.
§38-7-26 Order against garnishee for payment or delivery; forthcoming bond.
§38-7-27 Failure of garnishee to answer.
§38-7-28 Jury trials in garnishment cases; waiver of right; appeal; costs.
§38-7-29 Effect of order against garnishee as judgment.
§38-7-30 Service of process.
§38-7-31 Who may defend against attachment.
§38-7-32 Quashing of attachment for insufficiency of affidavit.
§38-7-33 Denial of grounds of attachment; trial; new trial; appeal.
§38-7-34 Final judgment for defendant on merits.
§38-7-35 Damages for unlawful attachment.
§38-7-36 Order of sale to satisfy judgment for plaintiff.
§38-7-37 Sale of attached land; conveyance.
§38-7-38 Conveyance by former officer; sale or conveyance by special commissioner.
§38-7-39 Bond for sale of attached land when defendant has not appeared or been served.
§38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served.
§38-7-41 Intervention of third persons; trial; costs.
§38-7-42 Priority of attachments.
§38-7-43 Rehearing after judgment or decree on service by publication.
§38-7-44 Judgment on rehearing; costs.
§38-7-45 Appeal bond; return of property to owner.
§38-7-46 Who may give bonds.
§38-8-1 Exemptions of personal property.
§38-8-2 Definition of value.
§38-8-3 Method of claiming exemption on personal property.
§38-8-4 Demand for appraisement; selection of appraisers.
§38-8-5 Appraisement.
§38-8-6 Officer's return to include appraisement and debtor's list.
§38-8-7 Release of exempt claim or demand.
§38-8-8 Forfeiture by officer selling or refusing to release exempt property.
§38-8-9 Compensation of appraisers.
§38-8-10 Right of exemption of surviving spouse or minor children.
§38-8-11 No exemption from claims for child or spousal support, purchase money or taxes.
§38-8-12 How appraisement may be set aside; determination of liens.
§38-8-13 Proceedings or transfers to avoid exemption prohibited.
§38-8-14 Unripe crops exempt; exception as to corn.
§38-8-15 Waiver of exemption void.
§38-9-1 Persons entitled to homestead; value.
§38-9-2 Definitions.
§38-9-4 Proceedings to reach excess value of homestead.
§38-9-5 Descent of homestead to infant children.
§38-9-6 Waiver of exemption void.
§38-10-1 Recordation of federal tax lien; release; fee.
§38-10-1a Recordation of certificates of redemption.
§38-10-2 Recordation of adjudications of bankruptcy; fee.
§38-10-3 Recordation of orders approving bonds of trustees in bankruptcy; fee.
§38-10-4 Exemptions of property in bankruptcy proceedings
§38-10A-1 Scope.
§38-10A-2 Place of filing.
§38-10A-3 Execution of notices and certificates.
§38-10A-4 Duties of the clerk of the county commission.
§38-10A-5 Fees.
§38-10B-1 Repealed
§38-10C-1 Recordation necessary for priority of liens in favor of state, political subdivision or municipality.
§38-10C-2 Notices of liens of state, political subdivisions and municipalities to be filed; indexes; release.
§38-10D-1 Recordation of federal superfund liens; release; fee.
§38-11-1 Definition of lienor.
§38-11-2 Rights of lienor in property subject to other claims; priority.
§38-11-3 Improver's, storer's or transporter's lien on personal property and animals.
§38-11-4 Lien of bailee of animals or vehicles.
§38-11-5 Lien for lodging and board.
§38-11-6 Lien of humane officer.
§38-11-7 Recovery of possession from owner by lienor.
§38-11-8 Lien for service of male animals.
§38-11-9 Workman's or materialman's lien on vessel.
§38-11-10 Lienor's right to compensation and lien for storage.
§38-11-11 Assignability of liens.
§38-11-12 Liability of lienor or pledgee for safe return of property delivered to another.
§38-11-13 How possessory lien may be waived, lost or released.
§38-11-14 Enforcement of lien or pledge.
§38-11-15 Sale or disposition of perishable or hazardous goods by lienor or pledgee.
§38-11-16 Other remedies of lienor or pledgee.
§38-11-17 Repealed
§38-12-1 When release of lien required; requisites thereof.
§38-12-2 When trustee may release lien of deed of trust; effect.
§38-12-3 Release by trustee when unnamed persons are secured; publication; effect.
§38-12-4 Form of release; recordation of assignment with release by assignee.
§38-12-5 Partial or limited release.
§38-12-6 Liability of lienor for release after assignment.
§38-12-7 Release when lienor under disability.
§38-12-8 Recordation of release; effect.
§38-12-9 Duties of clerk.
§38-12-10 Action on refusal of lienholder to execute release.
§38-12-11 Construction of article.
§38-12-12 Noting satisfaction of execution on judgment lien docket.
§38-12-13 Penalty for failure of clerk or other officer.
§38-13-1 Assignment by insolvent; form; acknowledgment; recordation; assent of trustee; transfer of stockholders' liability.
§38-13-2 Oath and bond of trustee; requiring further security.
§38-13-3 Reference to fiduciary commissioner; appraisers.
§38-13-4 Trustee to file schedule; substitute trustee.
§38-13-5 Notice by trustee to creditors; publication and mailing.
§38-13-6 Filing and proof of claims.
§38-13-7 Liens requiring or not requiring proof; waiver by lienor; delinquent taxes; sales of property subject to liens or taxes.
§38-13-8 First meeting of creditors; substitute trustee.
§38-13-9 Sales by trustee; creditors may prescribe manner and terms; powers of fiduciary commissioner; compromising claims; continuing operation of business.
§38-13-10 Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.
§38-13-11 Report by fiduciary commissioner; appeal from decision; allowance of expenses and fees; directions to trustee; dividends; closing trusteeship.
§38-13-12 Powers, duties and qualifications of trustee; substitute for unqualified, removed, deceased or disabled trustee.
§38-13-13 Powers and duties of fiduciary commissioner.
§38-13-14 Duties of assignor.
§38-13-15 Fiduciary commissioner to certify to circuit court disobedience of order, etc.; punishment for contempt by court.
§38-13-16 Expenses and fees of trustee, fiduciary commissioner, appraisers and attorneys for trustee.
§38-14-1 Short title.
§38-14-2 Definitions.
§38-14-3 Self-service storage lien.
§38-14-4 Late fees.
§38-14-5 Enforcement of self-service storage lien.
§38-14-6 Other legal remedies may be used.
§38-14-7 Duties; care, custody and control of property.
§38-14-8 Savings clause.
§38-14-9 Effective date and application of article.
§16738-15-1to38-15-20 Repealed
§38-16-102 Court of competent jurisdiction defined.
§38-16-103 Federal government defined.
§38-16-104 Federal official or employee defined.
§38-16-105 Lien defined.
§38-16-106 Nonconsensual common law lien defined.
§38-16-107 Purported court defined.
§38-16-108 State or local official or employee defined.
§38-16-202 Real property common law liens unenforceable; personal property common law liens limited.
§38-16-302 No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.
§38-16-303 Claim of lien against a federal official or employeeor a state or local official or employee;performance of duties; validity; no duty to acceptfiling; notice of invalid lien.
§38-16-304 No duty to disclose record of common law lien.
§38-16-305 Immunity from liability for failure to accept filing or disclose common law lien.
§38-16-306 No duty to disclose fraudulent lien record; lien of purported court is a nullity.
§38-16-402 Action on fraudulent judgment lien.
§38-16-403 Action on fraudulent lien on property.
§38-16-404 Costs and attorneys' fees.
§38-16-405 Warning sign.
§38-16-406 Documents filed with secretary of state.
§38-16-502 Cause of action.
§38-16-503 Venue.
§38-16-504 Filing fees.
§38-16-505 Plaintiff's costs.
§38-16-506 Effect on other law.

State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > West-virginia > 38

§38-1-1 Vendor's lien; its enforcement.
§38-1-1a Deeds of trust conveying real and/or personal property; limitations on application of article.
§38-1-2 Form of trust deed.
§38-1-3 Sales under trust deeds.
§38-1-4 Notice of sale.
§38-1-4a Statute of limitations for sales by trustees.
§38-1-5 Terms of sale.
§38-1-6 Form of trustee's deed.
§38-1-7 Application of proceeds.
§38-1-8 Return of account of sale; forfeiture of commissions on failure to account.
§38-1-8a Reports by Trustee to County Clerk; additional information to be filed with report of sale.
§38-1-9 Recordation of account of trustee.
§38-1-10 Who may require trustee to give bond; new trustee on failure to give; notice.
§38-1-11 Amount and approval of bond of trustee; recordation; effect of failure to give.
§38-1-12 Bond of new trustee appointed by court; recordation.
§38-1-13 Applicability of article 14 of chapter 44.
§38-1-14 Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release.
§38-1-15 Validity of deed of trust upon renewal of loan.
§38-1A-1 "Security trust" defined.
§38-1A-2 Nonresident of state not to be named trustee; corporations eligible to be trustees.
§38-1A-3 Validity of sales and titles conveyed by nonresident trustees.
§38-1A-4 Enjoining sales or conveyances by nonresident trustees.
§38-1A-5 Recovery of commissions, costs and expenses following sale by nonresident trustee.
§38-1A-6 Security trust not to be recorded unless trustee's address stated; sufficiency thereof.
§38-1A-7 Secretary of state attorney-in-fact for service on nonresident trustees.
§38-1A-8 How service of process or notice made.
§38-1A-9 Action by secretary of state following service.
§38-1A-10 Other manner of serving process or notice.
§38-1A-11 Appointment of resident trustee by court; powers and duties of substituted trustee.
§38-1A-12 Notice of motion for appointment of resident trustee; guardians ad litem.
§38-1A-13 Provisions of article severable and remedial.
§38-2-1 Lien of contractor.
§38-2-2 Lien of subcontractor.
§38-2-3 Lien of materialman furnishing supplies to owner.
§38-2-4 Lien of materialman furnishing supplies to contractor or subcontractor.
§38-2-5 Lien of mechanic or laborer working for owner.
§38-2-6 Lien of mechanic or laborer working for contractor or subcontractor.
§38-2-6a Lien of architect, surveyor, engineer or landscape architect.
§38-2-7 Necessity and period for perfecting lien.
§38-2-8 Notice and recordation of contractor's lien.
§38-2-9 Notice and recordation of subcontractor's lien.
§38-2-10 Notice and recordation of lien for supplies furnished to owner.
§38-2-11 Notice and recordation of lien for supplies furnished to contractor or subcontractor.
§38-2-12 Notice and recordation of lien of mechanic or laborer working for owner.
§38-2-13 Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.
§38-2-14 Discharge of lien for failure to comply with article.
§38-2-15 Publication and posting of notice to nonresident owner or owner not found.
§38-2-16 What deemed included in one contract.
§38-2-17 Priority of mechanics' liens over other liens.
§38-2-18 Priority as among mechanics' lienors.
§38-2-19 Demand of account by owner; discharge of lien for failure to file account.
§38-2-20 Preliminary notice to owner; effect.
§38-2-21 Effect of payment by owner to contractor or subcontractor.
§38-2-22 Limitation of owner's liability by recordation of contract and bond of general contractor.
§38-2-23 Effect of failure of owner to record contract and bond.
§38-2-24 Form of bond.
§38-2-25 Amount of rural land subject to lien.
§38-2-26 Enforcement of contractor's bond in suit to enforce lien.
§38-2-27 Clerk of county court to record notices of liens, contracts and bonds; record book; indexing.
§38-2-28 Proof of sale and delivery prima facie proof of use of materials.
§38-2-29 Lien on several structures.
§38-2-30 Compensation and lien of contractor on default of owner.
§38-2-31 Lien against corporation for work or labor; priority.
§38-2-32 Perfecting lien for work or labor against corporation.
§38-2-33 Clerk to record notices of liens against corporations for work and labor.
§38-2-34 Time within which suit to enforce lien may be brought; right of other lienors to intervene.
§38-2-35 Decree of sale in suit to enforce lien; personal decree.
§38-2-36 Discharge or release of lien; recordation; escrow; disbursement of escrow.
§38-2-37 Ordering clerk to execute release when lienholder refuses.
§38-2-38 Enforcement of lien by executor, administrator or assignee.
§38-2-39 Public building; bond of contractor; recordation of bond; no lien in such case.
§38-3-1 Effect of decrees and orders; enforcement.
§38-3-2 Decree or order for payment of money; enforcement by execution.
§38-3-3 Meaning of word "judgment."
§38-3-4 Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.
§38-3-5 Docketing abstracts of judgments; indexing; damages or penalty for failure of clerk to perform duties.
§38-3-6 Lien of judgment on real estate.
§38-3-7 Judgment lien not good as against bona fide purchasers unless docketed, etc.; effect of issuing and filing execution.
§38-3-8 Notation of executions on judgment lien docket.
§38-3-9 Enforcement of judgment lien by suit.
§38-3-10 Same -- Parties.
§38-3-11 Same -- Publication of notice to lienholders.
§38-3-12 Same -- Duties of commissioner.
§38-3-13 Same -- Confirmation of report; decree of rental or sale and distribution.
§38-3-14 Same -- Judgment against debtor pending suit.
§38-3-15 Same -- Other proceedings commenced pending suit.
§38-3-16 Order of liability of real estate.
§38-3-17 Judgment liens commencing on same day.
§38-3-18 Limitations on enforcement of judgments.
§38-3-19 Exceptions to limitations.
§38-4-1 Executions against corporations.
§38-4-2 Executions on joint judgments.
§38-4-3 Execution for benefit of person other than plaintiff.
§38-4-4 Writs of possession and fieri facias on judgments for specific property.
§38-4-5 Execution or fieri facias on money judgment.
§38-4-6 On what fieri facias may be levied.
§38-4-7 How currency or bank notes shall be accounted for.
§38-4-8 Commencement and duration of lien of fieri facias.
§38-4-9 Purchaser for value and without notice before levy takes free of lien; payment or delivery to debtor without notice is without liability.
§38-4-10 Docketing as constructive notice.
§38-4-11 Docketing of execution.
§38-4-12 Exemption from execution.
§38-4-13 Indorsement of time of receipt by officer; penalty for failure to indorse.
§38-4-14 Order of levy and satisfaction of several writs.
§38-4-15 Rules concerning distress or levy.
§38-4-16 Officer's return upon fieri facias.
§38-4-17 Resale upon default of purchaser.
§38-4-18 Writ of venditioni exponas; notice of sale.
§38-4-19 Proceeding in case of death of officer before sale.
§38-4-20 Time and place for sale of personal property under distraint, levy or order of court; posting or publishing notice; conduct and terms of sale.
§38-4-21 Adjournment of sale.
§38-4-22 Appraisal before sale.
§38-4-23 Method and terms of sale of appraised property.
§38-4-24 Payments on purchase money notes.
§38-4-25 Judgment on defaulted purchase money notes.
§38-4-26 Form of judgment on notes.
§38-4-27 Disposition of surplus received by officer; disposition of money not paid over when execution stayed.
§38-4-28 Liability of officer for money received under execution payable to nonresident of county.
§38-4-29 Successive executions.
§38-4-30 New execution when property sold is recovered from obligor on indemnifying bond or purchaser.
§38-4-31 Motion to quash execution.
§38-4-32 Limitation on motion for failure to return execution.
§38-5-1 Ascertainment by interrogatories of estate upon which fieri facias or execution is a lien and of real estate to which judgment debtor is entitled.
§38-5-2 Time of return of summons and appearance of debtor.
§38-5-3 Record of examination by commissioner; objections and rulings thereon.
§38-5-4 Conveyance of real estate outside state and delivery or assignment of personal estate to officer.
§38-5-5 Compelling debtor to answer.
§38-5-6 Report by commissioner.
§38-5-7 Orders concerning disposition of property conveyed, delivered or assigned to officer.
§38-5-8 Sale of real estate conveyed to officer.
§38-5-9 Disposition of personal property and collection of debts.
§38-5-10 Suggestion on judgment; summons against person suggested.
§38-5-11 Officer's return of summons.
§38-5-12 Discharge of liability of person suggested on negotiable instrument.
§38-5-13 Contents of answer of person suggested; verification.
§38-5-14 Discharge of person suggested by payment of money or delivery of property; officer's receipt.
§38-5-15 Order of court for payment by person suggested.
§38-5-16 Effect of order of court as judgment.
§38-5-17 Failure of person suggested to answer.
§38-5-18 Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs.
§38-5-19 Return by officer as to money received in suggestion proceedings; disposition of money.
§38-5-20 Suit for recovery of property or debt subject to lien.
§38-5-21 Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor.
§38-5-22 Disposition of leviable property recovered in suit.
§38-5-23 Additional executions.
§38-5A-1 Definitions.
§38-5A-2 Salary or wages subject to suggestion only as provided in this article.
§38-5A-3 Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions.
§38-5A-4 Notice to judgment debtor; time for service on suggestee; fee
§38-5A-5 Service of suggestee execution upon suggestee; payments in satisfaction of execution; action for failure or refusal to pay; payments to be made every ninety days.
§38-5A-6 Vacation and modification of suggestee executions.
§38-5A-7 Renewal of suggestee executions.
§38-5A-8 Priority of suggestee executions over assignments.
§38-5A-9 Exemptions.
§38-5A-10 Accounting for moneys collected under suggestee executions.
§38-5A-11 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5A-12 Fees.
§38-5A-13 Construction of article.
§38-5B-1 Definitions.
§38-5B-2 Application for suggestee execution against money from state, state agency or political subdivision; extent of lien and continuing levy; priority among suggestee executions.
§38-5B-3 Suggestee execution against salary or wages; commencement of lien; priorities.
§38-5B-4 Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee.
§38-5B-5 Service of suggestee execution and vacating or modifying order.
§38-5B-6 Vacation and modification of suggestee executions.
§38-5B-7 Renewal of suggestee executions.
§38-5B-8 Fees.
§38-5B-9 Payments in satisfaction of execution; liability of officer for payment or failure to pay; action against political subdivision failing to pay; declaratory judgment as to right against state.
§38-5B-10 Priority of suggestee executions over assignments.
§38-5B-11 Executions against claims due contractors on public works.
§38-5B-12 Exemptions.
§38-5B-13 Accounting for moneys collected under suggestee executions.
§38-5B-14 Supreme court of appeals authorized to prescribe forms of suggestee executions.
§38-5B-15 Garnishment and suggestion of money and other personality in hands of public officers.
§38-5B-16 Construction of article; effect on existing law.
§38-6-1 Bond to indemnify officer making levy.
§38-6-2 Effect of giving, or of refusal to give, bond; return of bond to clerk's office.
§38-6-3 Suspending bond; settling claimant's title; how suits on bonds prosecuted.
§38-6-4 Procedure for determination of conflicting claims to property levied on.
§38-6-5 Order of sale pending determination of rights.
§38-6-6 Disposition of surplus proceeds.
§38-6-7 Forthcoming bonds.
§38-6-8 Sale of perishable property or property expensive to keep.
§38-6-9 Levy on additional property.
§38-6-10 Enforcement of forthcoming bond.
§38-6-11 Action or motion on forthcoming bond; enforcement of original judgment.
§38-6-12 Defenses to bond taken under distress warrant.
§38-6-13 Remedies on quashing of forthcoming bond.
§38-6-14 Forthcoming bonds forbidden in certain cases.
§38-6-15 Indorsement on execution forbidding forthcoming bond.
§38-6-16 Costs.
§38-7-1 Filing of affidavit; prejudgment hearing; seizure of property.
§38-7-2 Grounds of attachment.
§38-7-3 Statement of facts showing grounds of attachment in affidavit.
§38-7-4 Form of order of attachment.
§38-7-5 Attachment for claim not due.
§38-7-6 Amendment of affidavit.
§38-7-7 What property may be attached.
§38-7-8 Taking possession of personal property; plaintiff's bond.
§38-7-9 Liability of officer where plaintiff's bond given.
§38-7-10 Execution of plaintiff's bond after order of attachment sued out.
§38-7-11 Exceptions to plaintiff's bond.
§38-7-12 Form of order of attachment when bond given.
§38-7-13 To what officers orders may be directed.
§38-7-14 Execution and return of attachment; penalty for failure.
§38-7-15 Garnishment.
§38-7-16 Levy of attachment upon real estate.
§38-7-17 Contents of officer's return of attachment.
§38-7-18 Attachment on Sunday or holiday.
§38-7-19 Lien of attachment.
§38-7-20 Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.
§38-7-21 Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.
§38-7-22 Interest and profits pending suit; discharge of attachment on bond.
§38-7-23 Custody of attached property; sale of perishable property or property expensive to keep; terms.
§38-7-24 Answer of garnishee.
§38-7-25 Discharge of garnishee by payment of money or delivery of property.
§38-7-26 Order against garnishee for payment or delivery; forthcoming bond.
§38-7-27 Failure of garnishee to answer.
§38-7-28 Jury trials in garnishment cases; waiver of right; appeal; costs.
§38-7-29 Effect of order against garnishee as judgment.
§38-7-30 Service of process.
§38-7-31 Who may defend against attachment.
§38-7-32 Quashing of attachment for insufficiency of affidavit.
§38-7-33 Denial of grounds of attachment; trial; new trial; appeal.
§38-7-34 Final judgment for defendant on merits.
§38-7-35 Damages for unlawful attachment.
§38-7-36 Order of sale to satisfy judgment for plaintiff.
§38-7-37 Sale of attached land; conveyance.
§38-7-38 Conveyance by former officer; sale or conveyance by special commissioner.
§38-7-39 Bond for sale of attached land when defendant has not appeared or been served.
§38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served.
§38-7-41 Intervention of third persons; trial; costs.
§38-7-42 Priority of attachments.
§38-7-43 Rehearing after judgment or decree on service by publication.
§38-7-44 Judgment on rehearing; costs.
§38-7-45 Appeal bond; return of property to owner.
§38-7-46 Who may give bonds.
§38-8-1 Exemptions of personal property.
§38-8-2 Definition of value.
§38-8-3 Method of claiming exemption on personal property.
§38-8-4 Demand for appraisement; selection of appraisers.
§38-8-5 Appraisement.
§38-8-6 Officer's return to include appraisement and debtor's list.
§38-8-7 Release of exempt claim or demand.
§38-8-8 Forfeiture by officer selling or refusing to release exempt property.
§38-8-9 Compensation of appraisers.
§38-8-10 Right of exemption of surviving spouse or minor children.
§38-8-11 No exemption from claims for child or spousal support, purchase money or taxes.
§38-8-12 How appraisement may be set aside; determination of liens.
§38-8-13 Proceedings or transfers to avoid exemption prohibited.
§38-8-14 Unripe crops exempt; exception as to corn.
§38-8-15 Waiver of exemption void.
§38-9-1 Persons entitled to homestead; value.
§38-9-2 Definitions.
§38-9-4 Proceedings to reach excess value of homestead.
§38-9-5 Descent of homestead to infant children.
§38-9-6 Waiver of exemption void.
§38-10-1 Recordation of federal tax lien; release; fee.
§38-10-1a Recordation of certificates of redemption.
§38-10-2 Recordation of adjudications of bankruptcy; fee.
§38-10-3 Recordation of orders approving bonds of trustees in bankruptcy; fee.
§38-10-4 Exemptions of property in bankruptcy proceedings
§38-10A-1 Scope.
§38-10A-2 Place of filing.
§38-10A-3 Execution of notices and certificates.
§38-10A-4 Duties of the clerk of the county commission.
§38-10A-5 Fees.
§38-10B-1 Repealed
§38-10C-1 Recordation necessary for priority of liens in favor of state, political subdivision or municipality.
§38-10C-2 Notices of liens of state, political subdivisions and municipalities to be filed; indexes; release.
§38-10D-1 Recordation of federal superfund liens; release; fee.
§38-11-1 Definition of lienor.
§38-11-2 Rights of lienor in property subject to other claims; priority.
§38-11-3 Improver's, storer's or transporter's lien on personal property and animals.
§38-11-4 Lien of bailee of animals or vehicles.
§38-11-5 Lien for lodging and board.
§38-11-6 Lien of humane officer.
§38-11-7 Recovery of possession from owner by lienor.
§38-11-8 Lien for service of male animals.
§38-11-9 Workman's or materialman's lien on vessel.
§38-11-10 Lienor's right to compensation and lien for storage.
§38-11-11 Assignability of liens.
§38-11-12 Liability of lienor or pledgee for safe return of property delivered to another.
§38-11-13 How possessory lien may be waived, lost or released.
§38-11-14 Enforcement of lien or pledge.
§38-11-15 Sale or disposition of perishable or hazardous goods by lienor or pledgee.
§38-11-16 Other remedies of lienor or pledgee.
§38-11-17 Repealed
§38-12-1 When release of lien required; requisites thereof.
§38-12-2 When trustee may release lien of deed of trust; effect.
§38-12-3 Release by trustee when unnamed persons are secured; publication; effect.
§38-12-4 Form of release; recordation of assignment with release by assignee.
§38-12-5 Partial or limited release.
§38-12-6 Liability of lienor for release after assignment.
§38-12-7 Release when lienor under disability.
§38-12-8 Recordation of release; effect.
§38-12-9 Duties of clerk.
§38-12-10 Action on refusal of lienholder to execute release.
§38-12-11 Construction of article.
§38-12-12 Noting satisfaction of execution on judgment lien docket.
§38-12-13 Penalty for failure of clerk or other officer.
§38-13-1 Assignment by insolvent; form; acknowledgment; recordation; assent of trustee; transfer of stockholders' liability.
§38-13-2 Oath and bond of trustee; requiring further security.
§38-13-3 Reference to fiduciary commissioner; appraisers.
§38-13-4 Trustee to file schedule; substitute trustee.
§38-13-5 Notice by trustee to creditors; publication and mailing.
§38-13-6 Filing and proof of claims.
§38-13-7 Liens requiring or not requiring proof; waiver by lienor; delinquent taxes; sales of property subject to liens or taxes.
§38-13-8 First meeting of creditors; substitute trustee.
§38-13-9 Sales by trustee; creditors may prescribe manner and terms; powers of fiduciary commissioner; compromising claims; continuing operation of business.
§38-13-10 Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.
§38-13-11 Report by fiduciary commissioner; appeal from decision; allowance of expenses and fees; directions to trustee; dividends; closing trusteeship.
§38-13-12 Powers, duties and qualifications of trustee; substitute for unqualified, removed, deceased or disabled trustee.
§38-13-13 Powers and duties of fiduciary commissioner.
§38-13-14 Duties of assignor.
§38-13-15 Fiduciary commissioner to certify to circuit court disobedience of order, etc.; punishment for contempt by court.
§38-13-16 Expenses and fees of trustee, fiduciary commissioner, appraisers and attorneys for trustee.
§38-14-1 Short title.
§38-14-2 Definitions.
§38-14-3 Self-service storage lien.
§38-14-4 Late fees.
§38-14-5 Enforcement of self-service storage lien.
§38-14-6 Other legal remedies may be used.
§38-14-7 Duties; care, custody and control of property.
§38-14-8 Savings clause.
§38-14-9 Effective date and application of article.
§16738-15-1to38-15-20 Repealed
§38-16-102 Court of competent jurisdiction defined.
§38-16-103 Federal government defined.
§38-16-104 Federal official or employee defined.
§38-16-105 Lien defined.
§38-16-106 Nonconsensual common law lien defined.
§38-16-107 Purported court defined.
§38-16-108 State or local official or employee defined.
§38-16-202 Real property common law liens unenforceable; personal property common law liens limited.
§38-16-302 No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.
§38-16-303 Claim of lien against a federal official or employeeor a state or local official or employee;performance of duties; validity; no duty to acceptfiling; notice of invalid lien.
§38-16-304 No duty to disclose record of common law lien.
§38-16-305 Immunity from liability for failure to accept filing or disclose common law lien.
§38-16-306 No duty to disclose fraudulent lien record; lien of purported court is a nullity.
§38-16-402 Action on fraudulent judgment lien.
§38-16-403 Action on fraudulent lien on property.
§38-16-404 Costs and attorneys' fees.
§38-16-405 Warning sign.
§38-16-406 Documents filed with secretary of state.
§38-16-502 Cause of action.
§38-16-503 Venue.
§38-16-504 Filing fees.
§38-16-505 Plaintiff's costs.
§38-16-506 Effect on other law.

Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.