(a) The expiration, before or after the effective date of this article, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this article.
(b) An action or proceeding may not be maintained by the administrator to enforce this article in regard to the reporting, delivery or payment of property more than ten years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 8. Uniform Unclaimed Property Act
§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
§36-8-6. 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
§36-8-14. 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
§36-8-23. 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