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Code · West Virginia · CHAPTER 38. LIENS. · ARTICLE 7. ATTACHMENT.

§38-7-5. Attachment for claim not due.

147 words·~1 min read·/wv/chapter-38-liens/article-7-attachment/38-7-5·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An attachment may be sued out in a court of equity for a debt or claim, legal or equitable, whether the same be due or not, upon any of the grounds mentioned in section two of this article, but the affidavit, in case the claim or debt be not due, must show when it will become due: Provided, however, That an attachment shall not be sued out against a foreign corporation for a debt not due, upon the ground alone that it is a foreign corporation, nor against a nonresident defendant for a debt not due, upon the ground alone that he is a nonresident, unless the affiant shows by his affidavit that such defendant was a resident of this state when the debt was contracted, and that the plaintiff believed he would remain a resident of this state at the time he gave the defendant credit.
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