The sheriff, after ascertaining which of the taxes assessed in his or her county are delinquent, shall, on or before May 1 next succeeding the year for which the taxes were assessed, prepare the following delinquent lists, arranged by districts and alphabetically by name of the person charged, and showing in respect to each the amount of taxes remaining delinquent on April thirtieth: (1) A list of property in the landbook improperly entered or not ascertainable; (2) a list of other delinquent real estate; and (3) a list of all other delinquent taxes: Provided, That the list shall conclude with a notice, substantially as follows: "Any person holding a West Virginia business registration certificate under the authority of article twelve, chapter eleven of this code who does not pay all delinquent personal property taxes shall have his or her license to do business in this state suspended until the delinquency is cured."
The sheriff on returning each list shall, at the foot thereof, subscribe an oath, which shall be subscribed before and certified by some person duly authorized to administer oaths, in form or effect as follows:
I, ........, sheriff (or deputy sheriff or collector) of the County of ........., do swear that the foregoing list is, to the best of my knowledge and belief, complete and accurate, and that I have received none of the taxes listed therein.
Except for the oath, the Auditor shall prescribe the form of the delinquent lists.
Structure West Virginia Code
Chapter 11A. Collection and Enforcement of Property Taxes
Article 2. Delinquency and Methods of Enforcing Payment
§11A-2-1. Duty of Sheriff to Enforce Payment of Delinquent Taxes
§11A-2-2. Collection by Civil Action; Fees and Costs Not Required of Sheriff
§11A-2-4. Abatement of Distress
§11A-2-5. Distraint of Encumbered Property
§11A-2-6. Distraint Where Land Lies in More Than One County
§11A-2-7. Summary Procedure for Collection Out of Money Due From or Property Held by Another
§11A-2-8. Remedies Against Vendee in Possession Without Deed
§11A-2-9. Remedies of Sheriff Paying Over Taxes Not Collected
§11A-2-10. Sale of Tax Liens on Real Estate
§11A-2-10a. Notice of Delinquency
§11A-2-11. Delinquent Lists; Oath
§11A-2-12. Penalty for Inclusion of Taxes Paid in Delinquent Lists
§11A-2-13. Publication and Posting of Delinquent Tax Lists
§11A-2-15. Examination of Lists by Auditor; Credit to Sheriff
§11A-2-16. Effect of Irregularity as to Delinquent Lists on Later Tax Enforcement Procedure
§11A-2-17. Presumption of Payment Based on Omission From Delinquent Lists