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Current as of January 01, 2024 | Updated by Findlaw Staff
If the court or magistrate shall conclude, upon the basis of the evidence adduced at said prejudgment hearing, that there is a substantial probability that the plaintiff will prevail upon trial of the action upon the merits, the court or magistrate may order that, upon the plaintiff's execution of a bond, with good security to be approved by the clerk of the circuit court or the magistrate and delivered to said clerk or magistrate in a penalty at least double the value of the property claimed, payable to the defendant and with condition to pay all costs and damages which may be awarded against the plaintiff, or sustained by any person by reason of said civil action and to have the property so claimed forthcoming to answer any judgment or order of the court or magistrate in said civil action, the property claimed, or any part thereof described or designated by the court or magistrate, be seized by and taken into the possession of a designated officer.
Cite this article: FindLaw.com - West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-6-2. Finding of fact by court or magistrate; bond; order for seizure - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-55-actions-suits-and-arbitration-judicial-sale/wv-code-sect-55-6-2/
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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