W. Va. Code » §38-5-4. Conveyance of real estate outside state and delivery or assignment of personal estate to officer.
West Virginia Code

W. Va. Code § 38-5-4 (2026)

Conveyance of real estate outside state and delivery or assignment of personal estate to officer

✓ current as of May 2026
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ARTICLE 5. PROCEEDINGS IN AID OF EXECUTION; INTERROGATORIES; SUGGESTION.

§38-5-4. Conveyance of real estate outside state and delivery or assignment of personal estate to officer.

Any real estate outside this state, to which it may appear by such examination that the execution debtor is entitled, shall be forthwith conveyed by him to the officer to whom was delivered such fieri facias or execution; and any money, bank notes, securities, evidences of debt, or other personal estate, which it may appear by such examination are in the possession or under the control of such debtor, though in the hands of some other person, shall be delivered by him as far as practicable, to the same officer, or by such other person and in such manner as may be ordered by the commissioner; and any chose in action or other intangible property shall be assigned or conveyed to the officer.

Notes of Decisions
Cited in 5 cases, 1985–2005 · 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). · cites it 2× “In all other respects, the action in which a commissioner is appointed, is governed by these rules. W.Va.R.C.P. 53. See also W.”
Clark v. Wilbur, 913 F. Supp. 463 (S.D.W. Va 1996). · cites it 5× “Compliance with West Virginia Code § 38-5-4: Defendants also challenge Plaintiffs reliance on West Virginia Code § 38-5-4 to support the turnover order.”
Chicago Pneumatic Tool Co. v. Stonestreet, 107 F.R.D. 674 (S.D.W. Va 1985). · cites it 2× “Code, § 38-5-4 deals with the content of the above set forth request.”
Baxter State Bank v. Bernhardt, 186 F.R.D. 621 (D. Kan. 1999). “W.Va.Code § 38-5-4. Clark , 139 F.3d 888 , 1998 WL 110160 at *7 (emphasis added).”
Clark v. Allen (4th Cir. 1998). · cites it 2× “W. Va. Code § 38-5-4 . In this case, the district court's use of the turnover orders was proper.”
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