West Virginia Code
Article 8. Uniform Unclaimed Property Act
§36-8-16. Action to Establish Claim

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may maintain an original action to establish the claim in the circuit court of Kanawha County, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney's fees.

Structure West Virginia Code

West Virginia Code

Chapter 36. Estates and Property

Article 8. Uniform Unclaimed Property Act

§36-8-1. Definitions

§36-8-2. Presumptions of Abandonment

§36-8-2a. Escheat of United States Savings Bonds

§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository

§36-8-4. Rules for Taking Custody

§36-8-5. Dormancy Charge

§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft

§36-8-7. Report of Abandoned Property

§36-8-8. Payment or Delivery of Abandoned Property

§36-8-9. Notice and Publication of Lists of Abandoned Property

§36-8-10. Custody by State; Recovery by Holder; Defense of Holder

§36-8-11. Crediting of Dividends, Interest and Increments to Owner's Account

§36-8-12. Public Sale of Abandoned Property

§36-8-13. Deposit of Funds

§36-8-14. Claim of Another State to Recover Property

§36-8-15. Filing Claim With Administrator; Handling of Claims by Administrator

§36-8-16. Action to Establish Claim

§36-8-17. Election to Take Payment or Delivery

§36-8-18. Destruction or Disposition of Property Having No

§36-8-19. Periods of Limitation

§36-8-20. Requests for Reports and Examination of Records

§36-8-21. Retention of Records

§36-8-22. Enforcement

§36-8-23. Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States

§36-8-24. Interest and Penalties

§36-8-25. Records of Abandoned Property

§36-8-26. Foreign Transactions

§36-8-27. Transitional Provisions

§36-8-28. Rules

§36-8-29. Uniformity of Application and Construction

§36-8-30. Short Title

§36-8-31. Severability Clause

§36-8-32. Effective Date

§36-8-33. Report by Administrator