W. Va. Code » §38-4-5. Execution or fieri facias on money judgment.
West Virginia Code

W. Va. Code § 38-4-5 (2026)

Execution or fieri facias on money judgment

✓ current as of May 2026
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ARTICLE 4. EXECUTIONS.

§38-4-5. Execution or fieri facias on money judgment.

On a judgment for money, there may be issued an execution known as a writ of fieri facias.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1990–2026 · leading case: Barber v. Barber, 464 S.E.2d 358 (W. Va. 1995).
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Barber v. Barber, 464 S.E.2d 358 (W. Va. 1995). · cites it 2× “Where a judg *41 ment is obtained for money owed under W.Va.Code, 38-4-5, the execution issued on it is known as a writ of fieri facias.”
Durnal v. Borg-Warner Acceptance Corp. (In Re DeMarco), 114 B.R. 121 (Bankr. N.D.W. Va. 1990). “West Virginia Code § 38-4-5 provides that: On a judgment for money, there may be issued an execution known as a writ of fieri facias.”
Baxter State Bank v. Bernhardt, 186 F.R.D. 621 (D. Kan. 1999). “W.Va. Code § 38-4-5. Once the writ is issued, a judgment-debtor may be summoned to identify property with which to satisfy the judgment.”
David Leonard v. Wells Fargo (2025). · cites it 2× “See W. Va. Code §§ 38-4-5 and -6. However, Mr.”
Cin Dale 3 v. Peoples Bank Corp. (4th Cir. 2026). “W. Va. Code §§ 38-4-5 , -6, -8. “[B]y the command of the writ the sheriff is in strictness bound to bring the money into court.”
Clark v. Allen (4th Cir. 1998). “W. Va. Code § 38-4-5 . Once the writ is issued, a judgment-debtor may be summoned to identify property with which to satisfy the judgment.”
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