W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-17
Attachment for rent.
Operative Text
On complaint by any landlord or person entitled to rent, or his agent, to a justice, that any person liable to him for rent intends to remove, or is removing, or has within thirty days removed his effects from the leased premises, if such landlord or person entitled to rent, or his agent, make oath to the truth of such complaint to the best of his belief, and to the rent which is reserved (whether in money or other thing) and will be payable within one year, and the time or times when it will be payable, and also make oath either that there is not, or he believes, unless an attachment issues, there will not be, left on such premises, property liable to distress sufficient to satisfy the rent so to become payable, such justice shall, if the landlord or person entitled to rent, or his agent, shall execute before such justice a bond in the penalty and with the conditions prescribed in section eight, article seven, chapter thirty-eight of this code, issue an order of attachment for such rent against the personal estate of the person so liable therefor. If the amount of rent claimed by the landlord or person entitled to the rent, or his agent, exclusive of interest, is $50 or less than that amount, the order of attachment shall be returnable before the justice issuing the order, or another justice; if the amount of rent so claimed, exclusive of interest, is more than $50 and not more than $300, the order of attachment may be returnable before the justice issuing the order, or another justice, or to the next term of the circuit court thereafter; and if the amount of rent so claimed, exclusive of interest, exceeds $300, the order of attachment shall be returnable to the next term of the circuit court thereafter. If the order of attachment is returnable to the circuit court, it shall be in form or effect as follows: "District of ....................................., ................................................ County, to-wit: A................ B.............., Plaintiff) Order vs.) of C................ D.............., Defendant) Attachment. The above-named plaintiff having filed with me the affidavit and bond required by law, the sheriff of the County of ...................., or any constable therein to whom this order may come, is hereby required, in the name of the State of West Virginia, to attach and take into his possession the personal estate of the defendant, C................ D................, sufficient to pay the sum of ............... dollars (the sum affiant states will be due), and the costs of this attachment, and to make return of his proceedings under this order to the next term of the circuit court of the said county. Given under my hand this ........ day of ......., 19..... E.......... F.........., Justice." The defendant, in an attachment issued under the next preceding paragraph, may make defense thereto in the same manner and to the same extent as in other cases of attachment; and the same, as to the rent claimed, shall be proceeded in, tried and determined, as if it were an original action brought in said circuit court, and the affidavit and attachment shall take the place of a declaration in the case. The affidavit in such case shall be returned to the clerk of the circuit court by the justice. The provisions of sections seven to forty-six, both inclusive, except sections thirty-seven, thirty-eight, and thirty- nine, article seven, chapter thirty-eight of this code, shall be applicable to attachments issued hereunder and returnable to the circuit court. If the order of attachment is returnable before a justice, it shall be in form or effect as follows: "District of ........................, ...................., County, to-wit: "A..... B......, Plaintiff,) Order vs. ) of C..... D....., Defendant. ) Attachment The above-named plaintiff having filed with me the affidavit and bond required by law, any constable in the County of ............, to whom this order may come, is hereby required, in the name of the State of West Virginia, to attach and take into his possession the personal estate of the defendant, C.......... D.........., sufficient to pay the sum of .......... dollars (the sum affiant states will be due), and the costs of this attachment, and to make return of his proceedings under this order to me (or, if the order is made returnable before another justice, to G.......... H..........), a justice of the peace in .......... County. Given under my hand this ..... day of ......, 19.... E.................... F......................., Justice." The provisions of sections seven to twenty-four, both inclusive, article nine, chapter fifty of this code shall be applicable to attachments issued hereunder and returnable before a justice.
West Virginia Code § 37-6-17 establishes a legal mechanism called an attachment for rent, which allows a landlord or someone entitled to rent to seek a court order seizing a tenant's personal property when the tenant is removing or has recently removed belongings from the leased premises in a way that threatens the landlord's ability to collect rent owed. To initiate this process, the landlord must swear an oath before a justice and post a bond, after which a formal order directs a sheriff or constable to take possession of enough of the tenant's personal property to cover the rent claimed. Where the attachment is directed to a circuit court depends on the amount claimed: claims of $50 or less stay before a justice, claims between $50 and $300 may go to either a justice or circuit court, and claims exceeding $300 must go to the circuit court.
Plain English — not legal advice.
Under § 37-6-17, a landlord or authorized agent who believes a tenant is removing personal property from leased premises in a way that jeopardizes rent collection may initiate an attachment proceeding by filing a sworn complaint before a justice and executing the required bond. Compliant operators generally document the rent amount reserved, the payment schedule, and the circumstances suggesting removal of effects, as these details form the basis of the required oath. The venue for the attachment order—before a justice or in circuit court—is determined by the dollar amount of rent claimed exclusive of interest, so accurate accounting of the amount owed is a key part of the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 37-6-17, a tenant named as a defendant in a rent attachment proceeding has the right to make a defense in the same manner and to the same extent as in other attachment cases, meaning the attachment does not automatically result in a judgment. If an attachment is filed and returned to the circuit court, the affidavit and attachment stand in place of a formal declaration, and the matter is tried as an original action—giving the tenant a meaningful opportunity to contest the landlord's claims. Tenants who receive notice of an attachment order may wish to review the sworn complaint for accuracy, understand the bond and procedural requirements the landlord must meet, and consider reaching out to a tenant-rights organization or legal aid office familiar with West Virginia attachment procedures.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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