§ RULE 69. Executions and Other Final Process; Proceedings in Aid Thereof

Codes > West Virginia Rules of Civil Procedure > VIII. Provisional > RULE 69.

RULE 69. Executions and Other Final Process; Proceedings in Aid Thereof

(a) For Payment of Money. Process to enforce a judgment for the payment of money shall be a writ of execution, a writ of suggestee execution and such other writs as are provided by law. The procedure on execution and other such final process, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution or such other final process shall be in accordance with the practice and procedure prescribed by the laws of the State existing at the time the remedy is sought, subject to the following qualifications: (1) A writ of execution shall be made returnable not less than 30 days nor more than 90 days after issuance, as directed by the person procuring issuance of the writ; and (2) an answer to a summons issued in a suggestion proceeding shall be served upon the plaintiff within 20 days after service of the summons; and (3) a return on a writ of suggestee execution shall be made forthwith on the expiration of one year after issuance of the writ.

(b) For Possession of Property. When any judgment or order is for the delivery of possession of property, the party entitled to the benefit of such judgment or order may have a writ of possession upon application to the clerk, which shall be forthwith executed and a return on such writ made within 20 days after issuance of the writ.