§38-4-8. Commencement and duration of lien of fieri facias.
A writ of fieri facias or execution shall create a lien, from the time it is delivered to the sheriff or other officer to be executed, upon all of the personal property, or the estate or interest therein, owned by the judgment debtor at the time of such delivery of the writ, or which he may acquire on or before the return day thereof, although such property was not levied on or capable of being levied on under the provisions of section six of this article. Such lien shall continue beyond the return day of the execution, whether the writ was levied or not, but shall cease whenever the right of the judgment creditor to levy the writ under which such lien arose, or to levy a new writ, ceases, under the provisions of section eighteen, article three of this chapter, or when such right is suspended by a forthcoming bond being given or forfeited, or by an appeal or otherwise. The lien created by this section shall be subject to the provisions of sections nine and ten of this article.
Notes of Decisions
Walls v. Appalachian Tire Prods., Inc. (In Re Walls), 17 B.R. 701 (Bankr. S.D. W. Va. 1982).
· cites it 2× “W.Va.Code § 38-4-8 (1966). If the writ was delivered to the sheriff after the bankruptcy filing then the automatic stay was violated and the purported execution lien is subordinate to the hypothetical status given the trustee as an execution lien creditor on the date the…”
Durnal v. Borg-Warner Acceptance Corp. (In Re DeMarco), 114 B.R. 121 (Bankr. N.D. W. Va. 1990).
· cites it 2× “West Virginia Code § 38-4-8 provides: A writ of fieri facias or execution shall create a lien, from the time it is delivered to the sheriff or other officer to be executed, upon all of the personal property, or the estate or interest therein, owned by the judgment debtor at the…”
Barber v. Barber, 464 S.E.2d 358 (W. Va. 1995).
· cites it 2× “4 Under W.Va.Code, 38-4-8, this became a lien upon the personal property, or the estate or interest therein, owned by the judgment debtor at the time the writ was delivered to the sheriff.”
Chicago Pneumatic Tool Co. v. Stonestreet, 107 F.R.D. 674 (S.D. W. Va. 1985).
“Code, § 38-4-8, in turn, provides that a writ of execution shall be a lien on all personal property of the judgment debtor from the time it is delivered to the sheriff to be executed.”
T & C Constr. Servs., LLC v. City of St. Albans, 901 S.E.2d 59 (W. Va. 2024).
· cites it 3× “11 See W. Va. Code § 38-4-8 reproduced below in its entirety: 7 debtor’s obligation to the judgment creditor is satisfied or the judgment creditor’s right to the property is otherwise suspended.”
Bros. of the Wheel M.C. Exec. Council v. Mollohan, No. 2:11-cv-00104 (S.D. W. Va. June 2, 2021).
“§ 38-4-8. The executing official is charged with “mak[ing] the money” to satisfy the judgment “out of the personal property of the person against whom the judgment is.”
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