(1) If debts arising from two or more consumer credit sales, other than sales primarily for an agricultural purpose or pursuant to a revolving charge account, are secured by cross- collateral and consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross- collateral and the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid.
(2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of sales finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 2. Consumer Credit Protection
§46A-2-101. Holders of Negotiable Instruments Subject to Claims and Defenses
§46A-2-102. Assignee Subject to Claims and Defenses
§46A-2-103. Lender Subject to Claims and Defenses Arising From Sales
§46A-2-103a. Lessor Subject to Claims and Defenses Arising From Leases
§46A-2-104. Notice to Cosigners
§46A-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration
§46A-2-107. Security in Sales or Leases
§46A-2-109. Debt Secured by Cross-Collateral
§46A-2-110. Referral Sales or Leases
§46A-2-111. Consumer Leases; Information to Be Furnished
§46A-2-112. Restriction on Liability in Consumer Lease
§46A-2-113. Notice of Assignment
§46A-2-114. Receipts; Statements of Account; Evidence of Payment
§46A-2-115. Limitation on Default Charges
§46A-2-116. Assignment of Earnings
§46A-2-117. Authorization to Confess Judgment Prohibited
§46A-2-118. No Garnishment Before Judgment
§46A-2-119. Restrictions on Deficiency Judgments
§46A-2-119a. Secured Transaction; Use of Price Guide Value in Calculating Deficiency or Surplus
§46A-2-120. Extortionate Extensions of Credit
§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct
§46A-2-123. Practice of Law by Debt Collectors
§46A-2-124. Threats or Coercion
§46A-2-125. Oppression and Abuse
§46A-2-126. Unreasonable Publication
§46A-2-127. Fraudulent, Deceptive or Misleading Representations
§46A-2-128. Unfair or Unconscionable Means
§46A-2-129a. Deceptive or Oppressive Telephone Calls
§46A-2-130. Limitation on Garnishment
§46A-2-131. No Discharge or Reprisal Because of Garnishment
§46A-2-132. Home Solicitation; Buyer's Right to Cancel; Notice
§46A-2-133. Form of Agreement or Offer to Purchase; Statement of Buyer's Rights
§46A-2-134. Restoration of Down Payment
§46A-2-135. Buyer's Duty; Seller's Right; No Compensation for Certain Services
§46A-2-136. Personal Property Exemptions
§46A-2-137. Service of Process on Certain Nonresidents
§46A-2-138. Buyer's Right to Cancel Certain Subscriptions and Other Obligations
§46A-2-139. Unlawful Commercial Facsimile Transmission; Right of Action for Injunction, Damages
§46A-2-140. Pleadings Not to Be the Basis of a Cause of Action