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Current as of January 01, 2024 | Updated by Findlaw Staff
If the defendant whose real estate is attached has not appeared in the action, proceeding or suit, or been served with a copy of the attachment sixty days before such judgment, decree or order, no sale of the real estate so attached shall be made until the plaintiff, or someone for him, shall give bond, with sufficient security, in such penalty as the court shall approve, with condition that the plaintiff will perform such future order as may be made by the court in the action or suit, in case the defendant appear and make defense therein within the time prescribed by law: Provided, that after the right of a defendant to appear and make defense in any such action or suit shall have expired by limitation or otherwise, as prescribed in this chapter, a sale of such real estate may be made under the judgment, order or decree, whether such bond has been given or not.
Cite this article: FindLaw.com - West Virginia Code Chapter 38. Liens § 38-7-39. Bond for sale of attached land when defendant has not appeared or been served - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-38-liens/wv-code-sect-38-7-39/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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