§38-7-41. Intervention of third persons; trial; costs.
166 words·~1 min read·
/wv/chapter-38-liens/article-7-attachment/38-7-41·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person interested may file his petition at any time before the property attached as the estate of a defendant is sold under the decree or judgment, or if the proceeds of the sale have not been paid to the plaintiff, or his assigns, within one year after such sale, disputing the validity of the plaintiff's attachment thereon, or stating a claim thereto, or an interest in or lien on the same, under any other attachment or otherwise, and stating the nature of such claim, and, upon such petitioner's giving security for costs, the court, without any other pleading, shall impanel a jury to inquire into such claim, unless trial by jury be waived by the parties, and if it be found that the petitioner has title to, or a lien on, or any interest in, such property or its proceeds, the court shall make such order as is necessary to protect his rights.
The costs of such inquiry shall be awarded to the prevailing party.