West Virginia Code
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper
§46-9-516a. Filing Fraudulent Records; Civil and Criminal Penalties; Administrative Proceedings; Immunity From Liability

(a) No person may cause to be communicated to the filing office for filing a false record the person knows or reasonably should know:
(1) Is not authorized or permitted under sections 9-509, 9-708 or 9-808; and
(2) Is filed with the intent to harass or defraud the person identified as debtor in the record or any other person.
(b) Any person who violates subsection (a) of this section shall, for a first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1000 or, in the discretion of the court, be confined in jail not more than twelve months, or both fined and confined. Any person who violates subsection (a) of this section shall, for a second or subsequent offense, be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.
(c) Any person who violates subsection (a) of this section is liable in a civil action to each injured person for:
(1) The greater of the actual damages caused by the violation or up to $10,000 in lieu of actual damages;
(2) Reasonable attorney fees;
(3) Court costs and other related expenses of bringing an action including reasonable investigative expenses; and
(4) In the discretion of the court, punitive damages in an amount determined by the court or jury.
(d) A person identified as a debtor in a filed record the person believes was caused to be communicated to the filing office in violation of subsection (a) of this section may, under penalty of perjury, file with the Secretary of State an affidavit to that effect. The Secretary of State shall adopt and make available a form affidavit for use under this section.
(e) Upon receipt of an affidavit filed under this section, or upon administrative action by the Secretary of State, the Secretary of State shall communicate to the secured party of record on the record to which the affidavit or administrative action relates and to the person who communicated the record to the filing office, if different and known to the office, a request for additional documentation supporting the effectiveness of the record. The Secretary of State shall review all such documentation received within thirty days after the first request for additional documentation is sent if the Secretary of State has a reasonable basis for concluding that the record was communicated to the filing office in violation of subsection (a) of this section.
The Secretary of State may initiate an administrative action under this subsection with regard to a filed record if the Secretary of State has reason to believe, from information contained in the record or obtained from the person who communicated the record to the filing office, that the record was communicated to the filing office in violation of subsection (a) of this section. The Secretary of State may give heightened scrutiny to a record that indicates the debtor is a transmitting utility or that indicates the transaction to which the record relates is a manufactured home transaction or a public finance transaction.
(f) The Secretary of State may not charge a fee to file an affidavit under this section and may not return a fee paid for filing a record terminated under this section.
(g) The Secretary of State shall promptly communicate to the secured party of record a notice of the termination of a record under subsection (e) of this section. A secured party of record who believes in good faith that the record was not communicated to the filing office in violation of subsection (a) of this section may file an action to require that the record be reinstated by the filing office. A person who communicated a record to the filing office that the filing office rejected in reliance on section 9-516(b)(4), who believes in good faith that the record was not communicated to the filing office in violation of section 9-516(b)(4), may file an action to require that the record be accepted by the filing office. The jurisdiction for the action is the circuit court of Kanawha County.
(h) If the court determines that a record terminated under this section or rejected in reliance on section 9-516(b)(4) should be reinstated or accepted, the court shall provide a copy of an order to that effect to the Secretary of State. On receipt of an order reinstating a terminated record, the Secretary of State shall refile the record along with a notice indicating that the record was refiled pursuant to this section and its initial filing date. On receipt of an order requiring that a rejected record be accepted, the Secretary of State shall promptly file the record along with a notice indicating that the record was filed pursuant to this section and the date on which it was communicated for filing. A rejected record that is filed pursuant to an order of a court shall have the effect described in section 9-516(d) for a record the filing office refuses to accept for a reason other than one set forth in section 9-516(b).
(i) A terminated record that is refiled under subsection (h) of this section is effective as a filed record from the initial filing date. If the period of effectiveness of a refiled record would have lapsed during the period of termination, the secured party may file a continuation statement within thirty days after the record is refiled and the continuation statement has the same effect as if it had been filed during the six-month period described in section 9-515(d). A refiled record is considered never to have been ineffective against all persons and for all purposes except that it is not effective as against a purchaser of the collateral that gave value in reasonable reliance on the absence of the record from the files.
(j) Neither the filing office nor any of its employees incur liability for the termination or failure to accept a record for filing in the lawful performance of the duties of the office or employee.
(k) This section does not apply to a record communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution, except that the Secretary of State may request from the secured party of record on the record or from the person that communicated the record to the filing office, if different and known to the office, additional documentation supporting that the record was communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution. For the purposes of this section the term "regulated financial institution" means a financial institution subject to regulatory oversight or examination by a state or federal agency and includes banks, savings banks, savings associations, building and loan associations, credit unions, consumer finance companies, industrial banks, industrial loan companies, investment funds, installment sellers, mortgage servicers, sales finance companies and leasing companies.
(l) If a record was communicated to the filing office for filing before the effective date of this section, and its communication would have constituted a violation of subsection (a) of this section if it had occurred on or after the effective date of this section:
(i) Subsections (b) and (c) are not applicable; and
(ii) The remaining subsections of this section are applicable.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 9. Secured Transactions; Sales of Accounts and Chattel Paper

§46-9-101. Short Title

§46-9-102. Definitions and Index of Definitions

§46-9-103. Purchase-Money Security Interest; Application of Payments; Burden of Establishing

§46-9-103a. &Quot;production-Money Crops"; &Quot;production-Money Obligation"; Production-Money Security Interest; Burden of Establishing

§46-9-104. Control of Deposit Account

§46-9-105. Control of Electronic Chattel Paper

§46-9-106. Control of Investment Property

§46-9-107. Control of Letter-of-Credit Right

§46-9-108. Sufficiency of Description

§46-9-109. Scope

§46-9-110. Security Interests Arising Under Article Two or Two-A

§46-9-201. General Effectiveness of Security Agreement

§46-9-202. Title to Collateral Immaterial

§46-9-203. Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

§46-9-204. After-Acquired Property; Future Advances

§46-9-205. Use or Disposition of Collateral Permissible

§46-9-206. Security Interest Arising in Purchase or Delivery of Financial Asset

§46-9-207. Rights and Duties of Secured Party Having Possession or Control of Collateral

§46-9-208. Additional Duties of Secured Party Having Control of Collateral

§46-9-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment

§46-9-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account

§46-9-301. Law Governing Perfection and Priority of Security Interests

§46-9-302. Law Governing Perfection and Priority of Agricultural Liens

§46-9-303. Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

§46-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts

§46-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property

§46-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

§46-9-307. Location of Debtor

§46-9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

§46-9-309. Security Interest Perfected Upon Attachment

§46-9-310. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

§46-9-311. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations and Treaties

§46-9-312. Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, Goods Covered by Documents, Instruments, Investment Property, Letter-of-Credit Rights and Money; Perfection by Permissive Filing; Temporary Perfection Without...

§46-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

§46-9-314. Perfection by Control

§46-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds

§46-9-316. Effect of Change in Governing Law

§46-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

§46-9-318. No Interest Retained in Right to Payment That Is Sold; Rights and Title of Seller of Account or Chattel Paper With Respect to Creditors and Purchasers

§46-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers

§46-9-320. Buyer of Goods

§46-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

§46-9-322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

§46-9-323. Future Advances

§46-9-324. Priority of Purchase-Money Security Interests

§46-9-324a. Priority of Production-Money Security Interests and Agricultural Liens

§46-9-325. Priority of Security Interests in Transferred Collateral

§46-9-326. Priority of Security Interests Created by New Debtor

§46-9-327. Priority of Security Interests in Deposit Account

§46-9-328. Priority of Security Interests in Investment Property

§46-9-329. Priority of Security Interests in Letter-of-Credit Right

§46-9-330. Priority of Purchaser of Chattel Paper or Instrument

§46-9-331. Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article Eight

§46-9-332. Transfer of Money; Transfer of Funds From Deposit Account

§46-9-333. Priority of Certain Liens Arising by Operation of Law

§46-9-334. Priority of Security Interests in Fixtures and Crops

§46-9-335. Accessions

§46-9-336. Commingled Goods

§46-9-337. Priority of Security Interests in Goods Covered by Certificate of Title

§46-9-338. Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

§46-9-339. Priority Subject to Subordination

§46-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

§46-9-341. Bank's Rights and Duties With Respect to Deposit Account

§46-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement

§46-9-401. Alienability of Debtor's Rights

§46-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort

§46-9-403. Agreement Not to Assert Defenses Against Assignee

§46-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee

§46-9-405. Modification of Assigned Contract

§46-9-406. Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles and Promissory Notes Ineffective

§46-9-407. Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest

§46-9-408. Restrictions on Assignment of Promissory Notes, Health-Care-Insurance Receivables and Certain General Intangibles Ineffective

§46-9-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective

§46-9-501. Filing Office

§46-9-502. Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement

§46-9-503. Name of Debtor and Secured Party

§46-9-504. Indication of Collateral

§46-9-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments and Other Transactions

§46-9-506. Effect of Errors or Omissions

§46-9-507. Effect of Certain Events on Effectiveness of Financing Statement

§46-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

§46-9-509. Persons Entitled to File a Record

§46-9-510. Effectiveness of Filed Record

§46-9-511. Secured Party of Record

§46-9-512. Amendment of Financing Statement

§46-9-513. Termination Statement

§46-9-514. Assignment of Powers of Secured Party of Record

§46-9-515. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

§46-9-516. What Constitutes Filing; Effectiveness of Filing

§46-9-516a. Filing Fraudulent Records; Civil and Criminal Penalties; Administrative Proceedings; Immunity From Liability

§46-9-517. Effect of Indexing Errors

§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record

§46-9-519. Numbering, Maintaining and Indexing Records; Communicating Information Provided in Records

§46-9-520. Acceptance and Refusal to Accept Record

§46-9-521. Written Financing Statement and Amendment Thereto

§46-9-522. Maintenance and Destruction of Records

§46-9-523. Information From Filing Office; Sale or License of Records

§46-9-524. Delay by Filing Office

§46-9-525. Fees

§46-9-526. Filing-Office Rules

§46-9-527. Duty to Report

§46-9-601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles or Promissory Notes

§46-9-602. Waiver and Variance of Rights and Duties

§46-9-603. Agreement on Standards Concerning Rights and Duties

§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

§46-9-605. Unknown Debtor or Secondary Obligor

§46-9-606. Time of Default for Agricultural Lien

§46-9-607. Collection and Enforcement by Secured Party

§46-9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

§46-9-609. Secured Party's Right to Take Possession After Default

§46-9-610. Disposition of Collateral After Default

§46-9-611. Notification Before Disposition of Collateral

§46-9-612. Timeliness of Notification Before Disposition of Collateral

§46-9-613. Contents and Form of Notification Before Disposition of Collateral: General

§46-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

§46-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

§46-9-616. Explanation of Calculation of Surplus or Deficiency

§46-9-617. Rights of Transferee of Collateral

§46-9-618. Rights and Duties of Certain Secondary Obligors

§46-9-619. Transfer of Record or Legal Title

§46-9-620. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

§46-9-621. Notification of Proposal to Accept Collateral

§46-9-622. Effect of Acceptance of Collateral

§46-9-623. Right to Redeem Collateral

§46-9-624. Waiver

§46-9-625. Remedies for Secured Party's Failure to Comply With Article

§46-9-626. Action in Which Deficiency or Surplus Is in Issue

§46-9-627. Determination of Whether Conduct Was Commercially Reasonable

§46-9-628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor

§46-9-701. Effective Date

§46-9-702. Savings Clause

§46-9-703. Security Interest Perfected Before Effective Date

§46-9-704. Security Interest Unperfected Before Effective Date

§46-9-705. Effectiveness of Action Taken Before Effective Date

§46-9-706. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-707. Amendment of Preeffective-Date Financing Statement

§46-9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement

§46-9-709. Priority

§46-9-801. Effective Date

§46-9-802. Savings Clause

§46-9-803. Security Interest Perfected Before Effective Date

§46-9-804. Security Interest Unperfected Before Effective Date

§46-9-805. Effectiveness of Action Taken Before Effective Date

§46-9-806. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-807. Amendment of Preeffective-Date Financing Statement

§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement

§46-9-809. Priority