A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
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