SWVA, Inc. v. Lynd
Filing
10
ORDER Pursuant to the 9 Order of Attachment entered 02/06/09, SWVA must first follow West Virginia Code 38-7-8, which requires it to give bond with good security, approved by the Clerk issuing the attachment, in a penalty of at least double the est imated value of the property to be attached, for the Order of Attachment to be effective; SWVA submitted an affidavit by John O'Connor, which states that such funds subject to attachment are approximately Two Thousand Two Hundred Dollars ($ 2,200.00); therefore, the Court directs SWVA to post bond at least double the approximation amount provided in its affidavit before the Order of Attachment can be effective. Signed by Judge Robert C. Chambers on 2/10/2009. (cc: attys; defendant) (dcm)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION SWVA, INC., a Delaware corporation, occasionally d/b/a SWVA and/or STEEL OF WEST VIRGINIA, Plaintiff, v. WILLIAM EARL LYND, JR., Defendant. ORDER This Court entered an Order for Attachment (Doc. 9) on February 6, 2009, granting the Plaintiff, SWVA, Inc. ("SWVA"), the right to attach funds the Defendant, William Earl Lynd ("Defendant") has requested to be removed from the SWVA, Inc. Collective Bargaining Agreement Unit Retirement Plan. For the Order of Attachment to be effective, SWVA must first follow West Virginia Code § 38-7-8, which requires it to give bond with good security, approved by the clerk issuing the attachment, in a penalty of at least double the estimated value of the property to be attached. SWVA submitted an affidavit by John O'Connor, which states that such funds subject to attachment are approximately Two Thousand Two Hundred Dollars ($2,200.00). Therefore, the Court DIRECTS SWVA to post bond at least double the approximation amount provided in its affidavit before the Order of Attachment can be effective. CIVIL ACTION NO. 3:09-0074
The Court DIRECTS the Clerk to send a copy of this written Order to counsel of record and any unrepresented parties. ENTER: February 10, 2009
ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE
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