If the plaintiff in a civil action, whether in a circuit court or magistrate court, for the recovery of specific goods, chattels, or intangible personal property, shall demand immediate possession thereof, a prejudgment hearing shall be held in not less than five nor more than ten days after service upon the defendant of the summons, a verified complaint describing said personal property, and a notice of the time, place, and purpose of the prejudgment hearing. At the prejudgment hearing an inquiry shall be held to determine: (a) The nature of the right or contract under which the plaintiff claims a right to immediate possession; and (b) the nature of the defendant's right to retain possession thereof.
W. Va. Code § 55-6-1
Immediate recovery of possession of personal property; notice and prejudgment hearing
Applied in 1 court decision — leading case 216 W. Va. 499 - Haines v. Hampshire County Commission (2004)
Most recently applied in 216 W. Va. 499 - Haines v. Hampshire County Commission (November 2004)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.