W. Va. Code » §38-5-2. Time of return of summons and appearance of debtor.
West Virginia Code

W. Va. Code § 38-5-2 (2026)

Time of return of summons and appearance of debtor

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 5. PROCEEDINGS IN AID OF EXECUTION; INTERROGATORIES; SUGGESTION.

§38-5-2. Time of return of summons and appearance of debtor.

The summons mentioned in the preceding section shall be directed to an officer of the county in which the commissioner before whom it is returnable resides, and shall be served in such county. Such summons shall be returnable not more than sixty days from its date. The debtor or other person served with such summons shall appear at the time and place mentioned and make answer under oath to the questions propounded.

Notes of Decisions
Cited in 2 cases, 1996–2005 · leading case: State Ex Rel. Termnet Merch. Servs., Inc. v. Jordan, 619 S.E.2d 209 (W. Va. 2005).
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State Ex Rel. Termnet Merch. Servs., Inc. v. Jordan, 619 S.E.2d 209 (W. Va. 2005). “The initial procedure for service of the summons is set forth in West Virginia Code § 38-5-2 (1923) (Repl. Vol. 1997); see also State ex rel.”
Clark v. Wilbur, 913 F. Supp. 463 (S.D. W. Va. 1996). “[under] § 38-5-1 and § 38-5-2.” Defs.’ Resp. at 10. Even assuming the peculiar and spe-cifie process outlined in article five is applicable under these circumstances, 10 this Court has previously recognized “the propriety of modifying state procedure to conform with federal…”
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