West Virginia Code
Chapter 38. Liens

Article 1. Vendor's and Trust Deed Liens

§38-1-1. Vendor's Lien; Its Enforcement - If any person convey real estate, or any interest, legal...

§38-1-1a. Deeds of Trust Conveying Real And/or Personal Property; Limitations on Application of Article - A deed of trust may convey both real property or...

§38-1-2. Form of Deed of Trust; Memorandum of Deed of Trust May Be Recorded - A deed of trust to secure debts or indemnify sureties...

§38-1-3. Sales Under Trust Deeds - The trustee in any trust deed given as security shall,...

§38-1-4. Notice of Sale - Unless property is to be sold under a deed of...

§38-1-4a. Statute of Limitations for Sales by Trustees - Provided the grantor on the deed of trust or the...

§38-1-5. Terms of Sale - Such sale shall be made upon such terms as are...

§38-1-6. Form of Trustee's Deed - Every deed for real estate sold under a trust deed...

§38-1-7. Application of Proceeds; Action to Recover a Deficiency - (a) The trustee shall apply the proceeds of sale, first...

§38-1-8. Return of Account of Sale; Forfeiture of Commissions on Failure to Account - When a sale of property is made under any trust...

§38-1-8a. Reports by Trustee to County Clerk; Additional Information to Be Filed With Report of Sale - (a) This section applies to deeds of trust if the...

§38-1-9. Recordation of Account of Trustee - When an account required by the next preceding section is...

§38-1-10. Who May Require Trustee to Give Bond; New Trustee on Failure to Give; Notice - The grantor or his assignee, or any cestui que trust,...

§38-1-11. Amount and Approval of Bond of Trustee; Recordation; Effect of Failure to Give - If the grantor in the trust deed, or any person...

§38-1-12. Bond of New Trustee Appointed by Court; Recordation - Of a trustee appointed by the court under the provisions...

§38-1-13. Substitution of Trustees Under a Trust Deed Securing a Debt - (a) When a trust deed to secure a debt or...

§38-1-14. Future Advances Secured by Credit Line Deed of Trust; Definitions; Notice Requirements and Form; Priority Over Other Liens; Release - (a) Definitions: For purposes of this section, the following definitions...

§38-1-15. Validity of Deed of Trust Upon Renewal of Loan - Upon the renewal of a loan agreement in the instance...

§38-1-16. Sale of Real Property Pursuant to a Deed of Trust; Preexisting Tenancy - (a) Notwithstanding the notice requirements of section five, article six,...

§38-1-17. Personal Property After Foreclosure; Notice and Access to Recover Personal Property; Abandonment - Following a foreclosure on residential real property pursuant to this...

Article 1A. Trustees of Security Trusts

§38-1A-1. &Quot;security Trust" Defined - For the purposes of this article, the term "security trust"...

§38-1A-2. Nonresident of State Not to Be Named Trustee; Corporations Eligible to Be Trustees - No person not a resident of this state may be...

§38-1A-3. Validity of Sales and Titles Conveyed by Nonresident Trustees - The nonresidency of a trustee shall not invalidate or cloud...

§38-1A-4. Enjoining Sales or Conveyances by Nonresident Trustees - The circuit court of the county in which the property...

§38-1A-5. Recovery of Commissions, Costs and Expenses Following Sale by Nonresident Trustee - In the event a nonresident trustee shall sell under a...

§38-1A-6. Security Trust Not to Be Recorded Unless Trustee's Address Stated; Sufficiency Thereof - No county clerk shall hereafter admit any security trust for...

§38-1A-7. Secretary of State Attorney-in-Fact for Service on Nonresident Trustees - The naming in a security trust of a person not...

§38-1A-8. How Service of Process or Notice Made - Service of process or notice shall be made by mailing...

§38-1A-9. Action by Secretary of State Following Service - Forthwith upon such service, said Secretary of State shall send...

§38-1A-10. Other Manner of Serving Process or Notice - The foregoing provisions for service of process and notices are...

§38-1A-11. Appointment of Resident Trustee by Court; Powers and Duties of Substituted Trustee - The circuit court, or the judge thereof in vacation, of...

§38-1A-12. Notice of Motion for Appointment of Resident Trustee; Guardians Ad Litem - Ten days' prior notice of the motion under the preceding...

§38-1A-13. Provisions of Article Severable and Remedial - The provisions of this article are severable, and the unconstitutionality...

Article 2. Mechanics' Liens

§38-2-1. Lien of Contractor - Every person, firm or corporation who erects, builds, constructs, alters,...

§38-2-2. Lien of Subcontractor - Every person, firm or corporation who, under and by virtue...

§38-2-3. Lien of Materialman Furnishing Supplies to Owner - Every person, firm or corporation which shall furnish to any...

§38-2-4. Lien of Materialman Furnishing Supplies to Contractor or Subcontractor - Every person, firm or corporation, which shall furnish to any...

§38-2-5. Lien of Mechanic or Laborer Working for Owner - Every workman, artisan, mechanic, laborer or other person who performs...

§38-2-6. Lien of Mechanic or Laborer Working for Contractor or Subcontractor - Every workman, artisan, mechanic, laborer or other person who performs...

§38-2-6a. Lien of Architect, Surveyor, Engineer or Landscape Architect - An architect, surveyor, engineer or landscape architect shall have a...

§38-2-7. Necessity and Period for Perfecting Lien - But the lien created and authorized by section one of...

§38-2-8. Notice and Recordation of Contractor's Lien - For the purpose of perfecting and preserving his lien, any...

§38-2-9. Notice and Recordation of Subcontractor's Lien - For the purpose of perfecting and preserving his or her...

§38-2-10. Notice and Recordation of Lien for Supplies Furnished to Owner - For the purpose of perfecting and preserving his lien, every...

§38-2-11. Notice and Recordation of Lien for Supplies Furnished to Contractor or Subcontractor - For the purpose of perfecting and preserving his or her...

§38-2-12. Notice and Recordation of Lien of Mechanic or Laborer Working for Owner - For the purpose of perfecting and preserving his lien every...

§38-2-13. Notice and Recordation of Lien of Mechanic or Laborer Working for Contractor or Subcontractor - For the purpose of perfecting and preserving his or her...

§38-2-14. Discharge of Lien for Failure to Comply With Article - The failure of any person claiming a lien under this...

§38-2-15. Publication and Posting of Notice to Nonresident Owner or Owner Not Found - In the event that any owner, upon whose real estate...

§38-2-16. What Deemed Included in One Contract - For the purposes of this article, all materials furnished, all...

§38-2-17. Priority of Mechanics' Liens Over Other Liens - A lien authorized and created by this article shall, when...

§38-2-18. Priority as Among Mechanics' Lienors - Of the persons acquiring liens by virtue of this article...

§38-2-19. Demand of Account by Owner; Discharge of Lien for Failure to File Account - The owner may, at any time, by notice in writing,...

§38-2-20. Preliminary Notice to Owner; Effect - Any laborer or other person employed to do any work...

§38-2-21. Effect of Payment by Owner to Contractor or Subcontractor - (a) No payment by the owner to any contractor or...

§38-2-22. Limitation of Owner's Liability by Recordation of Contract and Bond of General Contractor - Any owner may limit his liability upon a contract such...

§38-2-23. Effect of Failure of Owner to Record Contract and Bond - In the event any such owner should fail to record...

§38-2-24. Form of Bond - The bond referred to in section twenty-two of this article...

§38-2-25. Amount of Rural Land Subject to Lien - Whenever a lien, perfected and preserved under this article is...

§38-2-26. Enforcement of Contractor's Bond in Suit to Enforce Lien - Whenever it shall be necessary for suit to be brought...

§38-2-27. Clerk of County Court to Record Notices of Liens, Contracts and Bonds; Record Book; Indexing - It shall be the duty of the clerk of the...

§38-2-28. Proof of Sale and Delivery Prima Facie Proof of Use of Materials - Proof of the sale to any owner, contractor or subcontractor...

§38-2-29. Lien on Several Structures - Any materialman or furnisher of machinery or other equipment necessary...

§38-2-30. Compensation and Lien of Contractor on Default of Owner - When the owner fails to perform his part of the...

§38-2-31. Lien Against Corporation for Work or Labor; Priority - Every workman, laborer or other person who shall do or...

§38-2-32. Perfecting Lien for Work or Labor Against Corporation - Such lien shall be discharged unless the person desiring to...

§38-2-33. Clerk to Record Notices of Liens Against Corporations for Work and Labor - The clerk of the county court, to whom the notice...

§38-2-34. Time Within Which Suit to Enforce Lien May Be Brought; Right of Other Lienors to Intervene - (a) Unless an action to enforce any lien authorized by...

§38-2-35. Decree of Sale in Suit to Enforce Lien; Personal Decree - If the lien or liens be established in favor of...

§38-2-36. Discharge or Release of Lien; Recordation; Escrow; Disbursement of Escrow - (a) When a debt secured by any lien mentioned in...

§38-2-37. Ordering Clerk to Execute Release When Lienholder Refuses - In case of the refusal of the party holding such...

§38-2-38. Enforcement of Lien by Executor, Administrator or Assignee - The executor or administrator of any person entitled to a...

§38-2-39. Public Building; Bond of Contractor; Recordation of Bond; No Lien in Such Case - It shall be the duty of the state commissioner of...

Article 3. Judgment Liens

§38-3-1. Effect of Decrees and Orders; Enforcement - A decree for land or specific personal property and a...

§38-3-2. Decree or Order for Payment of Money; Enforcement by Execution - The persons entitled to the benefit of any decree or...

§38-3-3. Meaning of Word "judgment." - In the following two sections the word "judgment" shall include...

§38-3-4. Abstracts of Judgments; Damages or Penalty for Failure of Clerk or Justice to Deliver - The clerk of every court of this state shall, without...

§38-3-5. Docketing Abstracts of Judgments; Indexing; Damages or Penalty for Failure of Clerk to Perform Duties - The clerk of every county court shall keep in his...

§38-3-6. Lien of Judgment on Real Estate - Every judgment for money rendered in this state, other than...

§38-3-7. Judgment Lien Not Good as Against Bona Fide Purchasers Unless Docketed, etc.; Effect of Issuing and Filing Execution - No judgment shall be a lien as against a purchaser...

§38-3-8. Notation of Executions on Judgment Lien Docket - It shall be the duty of the clerk of the...

§38-3-9. Enforcement of Judgment Lien by Suit - The lien of a judgment may be enforced in a...

§38-3-10. Same -- Parties - In every suit in equity to enforce a judgment, all...

§38-3-11. Same -- Publication of Notice to Lienholders - No decree for the distribution of the proceeds of real...

§38-3-12. Same -- Duties of Commissioner - The commissioner to whom the case is referred by such...

§38-3-13. Same -- Confirmation of Report; Decree of Rental or Sale and Distribution - When the report of any such commissioner is confirmed, if...

§38-3-14. Same -- Judgment Against Debtor Pending Suit - If, pending any such suit, a judgment at law be...

§38-3-15. Same -- Other Proceedings Commenced Pending Suit - If, after the commencement of suit to enforce a judgment...

§38-3-16. Order of Liability of Real Estate - Where the real estate liable to the lien of a...

§38-3-17. Judgment Liens Commencing on Same Day - Where two or more judgments are rendered against the same...

§38-3-18. Limitations on Enforcement of Judgments - (a) On a judgment, execution may be issued within ten...

§38-3-19. Exceptions to Limitations - No execution shall issue, nor any action, suit or scire...

Article 4. Executions

§38-4-1. Executions Against Corporations - Against a corporation such execution may issue as against a...

§38-4-2. Executions on Joint Judgments - Where a judgment is against several persons jointly, executions thereon...

§38-4-3. Execution for Benefit of Person Other Than Plaintiff - Where an execution issues on a judgment for the benefit,...

§38-4-4. Writs of Possession and Fieri Facias on Judgments for Specific Property - On a judgment for the recovery of specific property, real...

§38-4-5. Execution or Fieri Facias on Money Judgment - On a judgment for money, there may be issued an...

§38-4-6. On What Fieri Facias May Be Levied - By a writ of fieri facias, the officer shall be...

§38-4-7. How Currency or Bank Notes Shall Be Accounted For - If the levy be upon gold or silver coin or...

§38-4-8. Commencement and Duration of Lien of Fieri Facias - A writ of fieri facias or execution shall create a...

§38-4-9. Purchaser for Value and Without Notice Before Levy Takes Free of Lien; Payment or Delivery to Debtor Without Notice Is Without Liability - The lien of a writ of fieri facias shall not...

§38-4-10. Docketing as Constructive Notice - The docketing of an execution as provided in the following...

§38-4-11. Docketing of Execution - The clerk of the county court of every county shall...

§38-4-12. Exemption From Execution - Such property as a husband or parent may have listed...

§38-4-13. Indorsement of Time of Receipt by Officer; Penalty for Failure to Indorse - Every officer shall indorse on each writ of fieri facias...

§38-4-14. Order of Levy and Satisfaction of Several Writs - Of writs of fieri facias, that which was first delivered...

§38-4-15. Rules Concerning Distress or Levy - The officer shall in no case make an unreasonable distress...

§38-4-16. Officer's Return Upon Fieri Facias - Upon a writ of fieri facias the officer shall make...

§38-4-17. Resale Upon Default of Purchaser - If at any sale by an officer, the purchaser shall...

§38-4-18. Writ of Venditioni Exponas; Notice of Sale - When it appears by the return on an execution, that...

§38-4-19. Proceeding in Case of Death of Officer Before Sale - If an officer, taking property under execution, dies before the...

§38-4-20. Time and Place for Sale of Personal Property Under Distraint, Levy or Order of Court; Posting or Publishing Notice; Conduct and Terms of Sale - In any case where an officer shall distrain or levy...

§38-4-21. Adjournment of Sale - When for any cause the sale is not completed on...

§38-4-22. Appraisal Before Sale - If, before any such sale is made, the judgment debtor,...

§38-4-23. Method and Terms of Sale of Appraised Property - The property appraised under the provisions of the preceding section...

§38-4-24. Payments on Purchase Money Notes - All moneys paid to the officer, on any note taken...

§38-4-25. Judgment on Defaulted Purchase Money Notes - If any note so taken be not paid to the...

§38-4-26. Form of Judgment on Notes - The judgment entered by the clerk under the provisions of...

§38-4-27. Disposition of Surplus Received by Officer; Disposition of Money Not Paid Over When Execution Stayed - Where an officer has received money under execution, if any...

§38-4-28. Liability of Officer for Money Received Under Execution Payable to Nonresident of County - No officer, receiving money under execution, when the person to...

§38-4-29. Successive Executions - Subject to the limitations prescribed by law, a party obtaining...

§38-4-30. New Execution When Property Sold Is Recovered From Obligor on Indemnifying Bond or Purchaser - When property sold under execution, or its value, is recovered...

§38-4-31. Motion to Quash Execution - A motion to quash an execution may, after reasonable notice...

§38-4-32. Limitation on Motion for Failure to Return Execution - A motion against an officer or his sureties, or his...

Article 5. Proceedings in Aid of Execution; Interrogatories; Suggestion

§38-5-1. Ascertainment by Interrogatories of Estate Upon Which Fieri Facias or Execution Is a Lien and of Real Estate to Which Judgment Debtor Is Entitled - To ascertain the estate on which a writ of fieri...

§38-5-2. Time of Return of Summons and Appearance of Debtor - The summons mentioned in the preceding section shall be directed...

§38-5-3. Record of Examination by Commissioner; Objections and Rulings Thereon - Such questions and answers shall, if required by any party,...

§38-5-4. Conveyance of Real Estate Outside State and Delivery or Assignment of Personal Estate to Officer - Any real estate outside this state, to which it may...

§38-5-5. Compelling Debtor to Answer - If any person summoned under the four preceding sections shall...

§38-5-6. Report by Commissioner - The commissioner shall return all questions and answers taken down...

§38-5-7. Orders Concerning Disposition of Property Conveyed, Delivered or Assigned to Officer - The court to which the commissioner returns his report, as...

§38-5-8. Sale of Real Estate Conveyed to Officer - Real estate conveyed to an officer under this article shall,...

§38-5-9. Disposition of Personal Property and Collection of Debts - An officer to whom there is a delivery under this...

§38-5-10. Suggestion on Judgment; Summons Against Person Suggested - (a) Upon a suggestion by the judgment creditor that a...

§38-5-11. Officer's Return of Summons - The officer serving such summons upon a person suggested shall...

§38-5-12. Discharge of Liability of Person Suggested on Negotiable Instrument - If the debt or liability of the person suggested to...

§38-5-13. Contents of Answer of Person Suggested; Verification - The answer of the person suggested shall state, in addition...

§38-5-14. Discharge of Person Suggested by Payment of Money or Delivery of Property; Officer's Receipt - A person suggested may, at any time before the return...

§38-5-15. Order of Court for Payment by Person Suggested - If it appears from the answer of the person suggested...

§38-5-16. Effect of Order of Court as Judgment - An order made against a person suggested shall have the...

§38-5-17. Failure of Person Suggested to Answer - If any person suggested, summoned as provided in this article,...

§38-5-18. Jury Trial in Suggestion Proceedings; Waiver of Jury; Right of Appeal; Costs - When it is suggested by the judgment creditor in any...

§38-5-19. Return by Officer as to Money Received in Suggestion Proceedings; Disposition of Money - An officer receiving money in a suggestion proceeding shall, within...

§38-5-20. Suit for Recovery of Property or Debt Subject to Lien - For the recovery of any personal property or any claim...

§38-5-21. Form of Judgment for Money in Suit to Enforce Execution; Receipt for Money Received by Judgment Creditor - The judgment or decree for money recovered in any suit...

§38-5-22. Disposition of Leviable Property Recovered in Suit - If property which is capable of being levied on under...

§38-5-23. Additional Executions - Although a judgment creditor avail himself of the proceeding in...

Article 5A. Suggestions of Salary and Wages of Persons Engaged in Private Employment

§38-5A-1. Definitions - For purposes of this article: (1) "Salary" and "wages" shall...

§38-5A-2. Salary or Wages Subject to Suggestion Only as Provided in This Article - Salary or wages payable to any person engaged in private...

§38-5A-3. Application for Suggestee Execution Against Salary or Wages; Extent of Lien and Continuing Levy; Exemption; Priority Among Suggestee Executions - (a) A judgment creditor may apply to the court in...

§38-5A-4. Notice to Judgment Debtor; Time for Service on Suggestee; Fee - A certified copy of an execution issued under this article...

§38-5A-5. Service of Suggestee Execution Upon Suggestee; Payments in Satisfaction of Execution; Action for Failure or Refusal to Pay; Payments to Be Made Every Ninety Days - (a) Service of a suggestee execution against salary or wages...

§38-5A-6. Vacation and Modification of Suggestee Executions - Either party may apply at any time to the court...

§38-5A-7. Renewal of Suggestee Executions - A suggestee execution which shall expire wholly or partly unsatisfied...

§38-5A-8. Priority of Suggestee Executions Over Assignments - An execution issued and served under this article shall have...

§38-5A-9. Exemptions - A judgment debtor to whom money is due or to...

§38-5A-10. Accounting for Moneys Collected Under Suggestee Executions - It shall be the duty of the officer to whom...

§38-5A-11. Supreme Court of Appeals Authorized to Prescribe Forms of Suggestee Executions - In aid of the better administration of this article the...

§38-5A-12. Fees - The general laws governing the fees of courts and court...

§38-5A-13. Construction of Article - This article is remedial in purpose and shall be liberally...

Article 5B. Suggestion of the State and Political Subdivisions; Garnishment and Suggestion of Public Officers

§38-5B-1. Definitions - For purposes of this article: 1. The term "suggestee execution"...

§38-5B-2. Application for Suggestee Execution Against Money From State, State Agency or Political Subdivision; Extent of Lien and Continuing Levy; Priority Among Suggestee Executions - (a) A judgment creditor may apply to the court in...

§38-5B-3. Suggestee Execution Against Salary or Wages; Commencement of Lien; Priorities - A suggestee execution issued under this article against salary or...

§38-5B-4. Notice to Judgment Debtor of Execution Against Salary or Wages; Time for Service on Officer of Suggestee - A certified copy of an execution issued under this article...

§38-5B-5. Service of Suggestee Execution and Vacating or Modifying Order - An execution issued under this article against money due and...

§38-5B-6. Vacation and Modification of Suggestee Executions - Either party may apply at any time to the court,...

§38-5B-7. Renewal of Suggestee Executions - A suggestee execution which shall expire wholly or partly unsatisfied...

§38-5B-9. Payments in Satisfaction of Execution; Liability of Officer for Payment or Failure to Pay; Action Against Political Subdivision Failing to Pay; Declaratory Judgment as to Right Against State - It shall be the duty of the proper officer, after...

§38-5B-10. Priority of Suggestee Executions Over Assignments - An execution issued and served under this article shall have...

§38-5B-11. Executions Against Claims Due Contractors on Public Works - An execution issued and served under this article shall, in...

§38-5B-12. Exemptions - A judgment debtor to whom money is due or to...

§38-5B-13. Accounting for Moneys Collected Under Suggestee Executions - It shall be the duty of the officer to whom...

§38-5B-14. Supreme Court of Appeals Authorized to Prescribe Forms of Suggestee Executions - In aid of the better administration of this article the...

§38-5B-15. Garnishment and Suggestion of Money and Other Personality in Hands of Public Officers - Money and other personal property in the hands of a...

§38-5B-16. Construction of Article; Effect on Existing Law - Existing law governing the presentment, audit and allowance of claims...

Article 6. Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims to Property in Case of Levy of Execution

§38-6-1. Bond to Indemnify Officer Making Levy - If any officer levy or is required to levy an...

§38-6-2. Effect of Giving, or of Refusal to Give, Bond; Return of Bond to Clerk's Office - §38-6-2. Effect of giving, or of refusal to give, bond;...

§38-6-3. Suspending Bond; Settling Claimant's Title; How Suits on Bonds Prosecuted - But the sale of any such property shall be suspended...

§38-6-4. Procedure for Determination of Conflicting Claims to Property Levied On - When property of the value of more than $50 is...

§38-6-5. Order of Sale Pending Determination of Rights - In such case as is mentioned in the preceding section,...

§38-6-6. Disposition of Surplus Proceeds - When property, the sale of which is indemnified, sells for...

§38-6-7. Forthcoming Bonds - The sheriff or other officer levying a writ of fieri...

§38-6-8. Sale of Perishable Property or Property Expensive to Keep - Notwithstanding such forthcoming bond as is mentioned in the preceding...

§38-6-9. Levy on Additional Property - If the property levied upon as aforesaid be not sufficient...

§38-6-10. Enforcement of Forthcoming Bond - If the property, or any of it, mentioned in the...

§38-6-11. Action or Motion on Forthcoming Bond; Enforcement of Original Judgment - The person signing such forfeited forthcoming bond shall be liable...

§38-6-12. Defenses to Bond Taken Under Distress Warrant - In an action or motion on such bond, when it...

§38-6-13. Remedies on Quashing of Forthcoming Bond - If any such forthcoming bond be at any time quashed,...

§38-6-14. Forthcoming Bonds Forbidden in Certain Cases - No bond for the delivery of property shall be taken...

§38-6-15. Indorsement on Execution Forbidding Forthcoming Bond - On every execution on which such bond is prohibited from...

§38-6-16. Costs - In any case mentioned in this article, the court may...

Article 7. Attachment

§38-7-1. Filing of Affidavit; Prejudgment Hearing; Seizure of Property - In any civil action for the recovery of any claim...

§38-7-2. Grounds of Attachment - The grounds upon which an order of attachment may issue,...

§38-7-3. Statement of Facts Showing Grounds of Attachment in Affidavit - Unless the attachment is sued out upon the first of...

§38-7-4. Form of Order of Attachment - The order of attachment shall be issued by the clerk,...

§38-7-5. Attachment for Claim Not Due - An attachment may be sued out in a court of...

§38-7-6. Amendment of Affidavit - The affidavit required by the first section of this article...

§38-7-7. What Property May Be Attached - Every attachment issued under the provisions of this article may...

§38-7-8. Taking Possession of Personal Property; Plaintiff's Bond - If the plaintiff shall, at the time of suing out...

§38-7-9. Liability of Officer Where Plaintiff's Bond Given - If the bond mentioned in the preceding section of this...

§38-7-10. Execution of Plaintiff's Bond After Order of Attachment Sued Out - If the plaintiff has sued out an order of attachment...

§38-7-11. Exceptions to Plaintiff's Bond - Any defendant in the case, or any person interested in...

§38-7-12. Form of Order of Attachment When Bond Given - If the plaintiff at the time of suing out his...

§38-7-13. To What Officers Orders May Be Directed - An order of attachment under sections four and twelve of...

§38-7-14. Execution and Return of Attachment; Penalty for Failure - The officer to whom any attachment issued under this article...

§38-7-15. Garnishment - The plaintiff in an attachment may, by an indorsement on...

§38-7-16. Levy of Attachment Upon Real Estate - An attachment may be sufficiently levied upon real estate by...

§38-7-17. Contents of Officer's Return of Attachment - The officer serving the attachment shall make a return of...

§38-7-18. Attachment on Sunday or Holiday - An attachment may be issued or executed on Sunday or...

§38-7-19. Lien of Attachment - The plaintiff shall have a lien upon any personal property,...

§38-7-20. Retention of Property or Release of Attachment on Forthcoming Bond or Bond to Perform Judgment Taken by Officer - Any property seized under any attachment, where the plaintiff has...

§38-7-21. Return and Filing of Forthcoming Bond or Bond to Perform Judgment; Exceptions to Bond - Every bond given under the provisions of the preceding section...

§38-7-22. Interest and Profits Pending Suit; Discharge of Attachment on Bond - When any attachment is sued out, either at law or...

§38-7-23. Custody of Attached Property; Sale of Perishable Property or Property Expensive to Keep; Terms - Property seized under an attachment, and retained by the officer,...

§38-7-24. Answer of Garnishee - Any person served with the writ and indorsement thereon, provided...

§38-7-25. Discharge of Garnishee by Payment of Money or Delivery of Property - A garnishee may at any time before the return day...

§38-7-26. Order Against Garnishee for Payment or Delivery; Forthcoming Bond - If it appear from the answer of the garnishee that...

§38-7-27. Failure of Garnishee to Answer - If any garnishee, summoned as provided in this article, fail...

§38-7-28. Jury Trials in Garnishment Cases; Waiver of Right; Appeal; Costs - When it is suggested by the plaintiff in any attachment...

§38-7-29. Effect of Order Against Garnishee as Judgment - An order made against a garnishee shall have the effect...

§38-7-30. Service of Process - In any proceeding under this article process commencing the action...

§38-7-31. Who May Defend Against Attachment - A defendant, any person entitled to file a petition under...

§38-7-32. Quashing of Attachment for Insufficiency of Affidavit - The right to sue out an attachment may be contested,...

§38-7-33. Denial of Grounds of Attachment; Trial; New Trial; Appeal - Any person entitled to defend in any attachment proceeding may...

§38-7-34. Final Judgment for Defendant on Merits - When the attachment is properly sued out, and the case...

§38-7-35. Damages for Unlawful Attachment - If, upon any trial had under the provisions of sections...

§38-7-36. Order of Sale to Satisfy Judgment for Plaintiff - If the claim of the plaintiff in any suit or...

§38-7-37. Sale of Attached Land; Conveyance - When a sale of real estate is ordered under the...

§38-7-38. Conveyance by Former Officer; Sale or Conveyance by Special Commissioner - An officer directed by the court to make a conveyance,...

§38-7-39. Bond for Sale of Attached Land When Defendant Has Not Appeared or Been Served - If the defendant whose real estate is attached has not...

§38-7-40. Bond for Sale of Attached Personal Property When Defendant Has Not Appeared or Been Served - If personal property be levied upon, and ordered to be...

§38-7-41. Intervention of Third Persons; Trial; Costs - Any person interested may file his petition at any time...

§38-7-42. Priority of Attachments - (a) Except as otherwise provided in subsection (b) of this...

§38-7-43. Rehearing After Judgment or Decree on Service by Publication - If a defendant against whom, on publication, a judgment or...

§38-7-44. Judgment on Rehearing; Costs - On any rehearing or new trial had under the preceding...

§38-7-45. Appeal Bond; Return of Property to Owner - Where a judgment or decree in favor of the plaintiff...

§38-7-46. Who May Give Bonds - Any bond, authorized or required by any section of this...

Article 8. Exemptions From Levy

§38-8-1. Exemptions of Personal Property - (a) Any individual residing in this state, or the dependent...

§38-8-2. Definition of Value - For the purpose of this article, the term "value," when...

§38-8-3. Method of Claiming Exemption on Personal Property - When a debtor claims personal property as exempt under the...

§38-8-4. Demand for Appraisement; Selection of Appraisers - If, within five days after the delivery of the list...

§38-8-5. Appraisement - The appraisers shall forthwith proceed to make a list, by...

§38-8-6. Officer's Return to Include Appraisement and Debtor's List - The list shall be delivered to the officer holding the...

§38-8-7. Release of Exempt Claim or Demand - When an attachment or suggestion has been served on a...

§38-8-8. Forfeiture by Officer Selling or Refusing to Release Exempt Property - Any officer who shall sell any property so claimed as...

§38-8-9. Compensation of Appraisers - Each appraiser shall be entitled to $1, to be paid...

§38-8-10. Right of Exemption of Surviving Spouse or Minor Children - After the death of a husband, wife or parent residing...

§38-8-11. No Exemption From Claims for Child or Spousal Support, Purchase Money or Taxes - No exemption claimed under the preceding sections of this article,...

§38-8-12. How Appraisement May Be Set Aside; Determination of Liens - Whenever an appraisement has been timely demanded by the creditor,...

§38-8-13. Proceedings or Transfers to Avoid Exemption Prohibited - It shall be unlawful for any person to institute, or...

§38-8-14. Unripe Crops Exempt; Exception as to Corn - No crop shall be liable to distress or levy until...

§38-8-15. Waiver of Exemption Void - Any waiver of the rights conferred by this article shall...

Article 9. Homestead Exemptions

§38-9-1. Persons Entitled to Homestead; Value - Any husband, wife, parent or other head of a household...

§38-9-2. Definitions - As used in this article: (1) "Homestead" means property owned...

§38-9-3. Debts Enforceable Against Homestead - (a) As of the effective date of this article, a...

§38-9-4. Proceedings to Reach Excess Value of Homestead - Any creditor of the person owning such homestead may assert...

§38-9-5. Descent of Homestead to Infant Children - In case of the death of a husband, wife or...

§38-9-6. Waiver of Exemption Void - Any waiver of the rights conferred by this article shall...

Article 10. Federal Tax Liens; Orders and Decrees in Bankruptcy

§38-10-1. Recordation of Federal Tax Lien; Release; Fee - Notices of federal tax liens and certificates discharging such liens...

§38-10-1a. Recordation of Certificates of Redemption - A certificate of redemption issued and executed under the provisions...

§38-10-2. Recordation of Adjudications of Bankruptcy; Fee - Certified copies of orders of decrees of adjudication of bankruptcy,...

§38-10-3. Recordation of Orders Approving Bonds of Trustees in Bankruptcy; Fee - Certified copies of orders approving the bonds of trustees in...

§38-10-4. Exemptions of Property in Bankruptcy Proceedings - Any person who files a petition under the federal bankruptcy...

Article 10A. Federal Lien Registration

§38-10A-1. Scope - This article applies only to federal lien notices which under...

§38-10A-2. Place of Filing - (a) Notices of liens, certificates, and other notices affecting federal...

§38-10A-3. Execution of Notices and Certificates - Certification of notices of liens, certificates, or other notices affecting...

§38-10A-4. Duties of the Clerk of the County Commission - (a) If a notice of federal lien, a refiling of...

§38-10A-5. Fees - The fee for filing and indexing each notice of lien...

Article 10C. State and Local Tax Liens

§38-10C-1. Recordation Necessary for Priority of Liens in Favor of State, Political Subdivision or Municipality - No lien in favor of the State of West Virginia,...

§38-10C-2. Notices of Liens of State, Political Subdivisions and Municipalities to Be Filed; Indexes; Withdrawal Release - It is the duty of the Tax Commissioner, or the...

Article 10D. Super Fund Lien Recordation Act

§38-10D-1. Recordation of Federal Superfund Liens; Release; Fee - (a) Pursuant to the authority of section 107(d) of the...

Article 10E. Lien on Insurance Proceeds for Debris Removal

§38-10E-1. Debris Removal; Notice of Insurance Proceeds; Lien of Municipality and County - (a)(1) Notwithstanding any provision of this code to the contrary,...

§38-10E-2. Release of Lien - (a) A lien recorded in accordance with section one of...

Article 11. Miscellaneous Liens and Pledges

§38-11-1. Definition of Lienor - The word "lienor" as used in this article shall mean...

§38-11-2. Rights of Lienor in Property Subject to Other Claims; Priority - Any lienor shall take such rights as a purchaser of...

§38-11-3. Improver's, Storer's or Transporter's Lien on Personal Property and Animals - A person who, while in possession thereof, makes, alters, repairs,...

§38-11-4. Lien of Bailee of Animals or Vehicles - A person keeping a livery stable, or boarding stable for...

§38-11-5. Lien for Lodging and Board - The owner or keeper of any hotel, inn, lodginghouse, restaurant,...

§38-11-6. Lien of Humane Officer - When any humane officer shall provide any neglected or abandoned...

§38-11-7. Recovery of Possession From Owner by Lienor - When any personal property lawfully held by a creditor in...

§38-11-8. Lien for Service of Male Animals - The owner of any stallion, jack or bull, that is...

§38-11-9. Workman's or Materialman's Lien on Vessel - Any citizen of this state shall have a lien upon...

§38-11-10. Lienor's Right to Compensation and Lien for Storage - Any lienor lawfully holding personal property in his possession under...

§38-11-11. Assignability of Liens - Whenever any lienor shall assign to any other person the...

§38-11-12. Liability of Lienor or Pledgee for Safe Return of Property Delivered to Another - Whenever any lienor or pledgee or his assignee shall lawfully...

§38-11-13. How Possessory Lien May Be Waived, Lost or Released - Any lien or pledge mentioned in this article which is...

§38-11-14. Enforcement of Lien or Pledge - Any person holding personal property in his possession under a...

§38-11-15. Sale or Disposition of Perishable or Hazardous Goods by Lienor or Pledgee - If goods which are subject to a lien or pledge...

§38-11-16. Other Remedies of Lienor or Pledgee - The remedy for enforcing a lien or pledge provided for...

Article 12. Release and Assignment of Liens

§38-12-1. When Release of Lien Required; Requisites Thereof - (a) Every person entitled to the benefit of any lien...

§38-12-2. When Trustee May Release Lien of Deed of Trust; Effect - A trustee in a trust deed may release the lien...

§38-12-3. Release by Trustee When Unnamed Persons Are Secured; Publication; Effect - If a trustee in a trust deed which secures persons...

§38-12-4. Form of Release; Recordation of Assignment With Release by Assignee - Releases and their acknowledgments may be substantially in form or...

§38-12-5. Partial or Limited Release - In case of a discharge of only a part of...

§38-12-6. Liability of Lienor for Release After Assignment - Any person who shall have been entitled to the benefit...

§38-12-7. Release When Lienor Under Disability - In case of the death, insanity, or infancy of the...

§38-12-8. Recordation of Release; Effect - When the release has been so signed and acknowledged, it...

§38-12-9. Duties of Clerk - The clerk of the county court shall record and properly...

§38-12-10. Action on Refusal of Lienholder to Execute Release - In case of the failure of the party holding such...

§38-12-11. Construction of Article - Nothing in this article contained shall be construed to authorize...

§38-12-12. Noting Satisfaction of Execution on Judgment Lien Docket - When an execution issued upon a judgment or decree, which...

§38-12-13. Penalty for Failure of Clerk or Other Officer - If any clerk or other officer shall fail in any...

Article 13. Assignment by Insolvent for the Benefit for All Creditors

§38-13-1. Assignment by Insolvent; Form; Acknowledgment; Recordation; Assent of Trustee; Transfer of Stockholders' Liability - Every assignment, conveyance or transfer made by an insolvent debtor...

§38-13-2. Oath and Bond of Trustee; Requiring Further Security - Before the trustee shall have any power or authority to...

§38-13-3. Reference to Fiduciary Commissioner; Appraisers - Upon the qualification of the trustee, the clerk shall refer...

§38-13-4. Trustee to File Schedule; Substitute Trustee - Within ten days after the recordation of an assignment, conveyance...

§38-13-5. Notice by Trustee to Creditors; Publication and Mailing - Within ten days after the filing of the schedule the...

§38-13-6. Filing and Proof of Claims - The trustee shall specify in the notice a date on...

§38-13-7. Liens Requiring or Not Requiring Proof; Waiver by Lienor; Delinquent Taxes; Sales of Property Subject to Liens or Taxes - Creditors holding valid liens of the following character on property...

§38-13-8. First Meeting of Creditors; Substitute Trustee - The fiduciary commissioner shall preside over the first meeting of...

§38-13-9. Sales by Trustee; Creditors May Prescribe Manner and Terms; Powers of Fiduciary Commissioner; Compromising Claims; Continuing Operation of Business - At the first meeting of creditors a majority in number...

§38-13-10. Trustee's Report to Fiduciary Commissioner; Notice to Creditors of Filing and Second Meeting - Within ten days after the last day on which claims...

§38-13-11. Report by Fiduciary Commissioner; Appeal From Decision; Allowance of Expenses and Fees; Directions to Trustee; Dividends; Closing Trusteeship - At the meeting of the creditors held following the filing...

§38-13-12. Powers, Duties and Qualifications of Trustee; Substitute for Unqualified, Removed, Deceased or Disabled Trustee - It shall be the duty of the trustee to collect...

§38-13-13. Powers and Duties of Fiduciary Commissioner - Fiduciary commissioners shall have power to preside over all meetings...

§38-13-14. Duties of Assignor - The assignor shall comply with all lawful orders of the...

§38-13-15. Fiduciary Commissioner to Certify to Circuit Court Disobedience of Order, etc.; Punishment for Contempt by Court - The fiduciary commissioner shall certify the facts to the circuit...

§38-13-16. Expenses and Fees of Trustee, Fiduciary Commissioner, Appraisers and Attorneys for Trustee - Trustees shall be allowed their reasonable and necessary disbursements for...

Article 14. Self-Service Storage Lien Act

§38-14-1. Short Title - This article may be known as the "Self-Service Storage Lien...

§38-14-2. Definitions - As used in this article, unless the context clearly requires...

§38-14-3. Self-Service Storage Lien - (a) The operator has a lien on all personal property...

§38-14-4. Late Fees - The operator may charge a late fee not to exceed...

§38-14-5. Enforcement of Lien - (a)(1) If the occupant is in default for a period...

§38-14-6. Other Legal Remedies May Be Used - The provisions of this article do not preempt or limit...

§38-14-7. Duties; Care, Custody, and Control of Property - (a) The operator shall use reasonable care in maintaining the...

§38-14-8. Savings Clause - All rental agreements entered into prior to July 1, 2019,...

§38-14-9. Effective Date and Application of Article - The provisions of this article apply to all rental agreements...

Article 15. Uniform Trust Receipts Act

§38-15-1. To 38-15-20 - Repealed. Acts, 1963 Reg. Sess., Ch. 193.

Article 16. Fraudulent Common Law Liens

§38-16-101. Definitions; Application of Definitions - §38-16-101. Definitions; application of definitions. For the purposes of this...

§38-16-102. Court of Competent Jurisdiction Defined - "Court of competent jurisdiction" means a circuit court, magistrate court...

§38-16-103. Federal Government Defined - "Federal government" means the government of the United States of...

§38-16-104. Federal Official or Employee Defined - "Federal official or employee" means an officer or employee of...

§38-16-105. Lien Defined - "Lien" means a charge against or an interest in property...

§38-16-106. Nonconsensual Common Law Lien Defined - "Nonconsensual common law lien" means a fraudulent lien that is...

§38-16-107. Purported Court Defined - "Purported court" means a so-called common law court or other...

§38-16-108. State or Local Official or Employee Defined - "State or local official or employee" means a person, whether...

§38-16-201. Bonafide Liens Are Not Affected by This Article - §38-16-201. Bonafide liens are not affected by this article. Regardless...

§38-16-202. Real Property Common Law Liens Unenforceable; Personal Property Common Law Liens Limited - (a) A common law lien against real property is invalid...

§38-16-301. Filing or Recording a Claim of Nonconsensual Commonlaw Lien Is of No Force or Effect - §38-16-301. Filing or recording a claim of nonconsensual commonlaw lien...

§38-16-302. No Duty to Accept Filing of Purported Common Law Lien; No Duty to Reject Filing of Purported Common Law Lien - A clerk of a county commission or other person has...

§38-16-303. Claim of Lien Against a Federal Official or Employee or a State or Local Official or Employee; Performance of Duties; Validity; No Duty to Accept Filing; Notice of Invalid Lien - (a) Any claim of lien against a federal official or...

§38-16-304. No Duty to Disclose Record of Common Law Lien - No person has a duty to disclose an instrument of...

§38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien - A clerk of the county commission or other person is...

§38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity - (a) An attorney, title insurance company or other title examiner...

§38-16-401. Notice by Clerk of Fraudulent Lien - §38-16-401. Notice by clerk of fraudulent lien. (a) If a...

§38-16-402. Action on Fraudulent Judgment Lien - (a) A person against whom a purported judgment was rendered...

§38-16-403. Action on Fraudulent Lien on Property - (a) A person who is the purported debtor or obligor...

§38-16-404. Costs and Attorneys' Fees - If, following a hearing on the matter, the court determines...

§38-16-405. Warning Sign - A clerk of the county commission shall post a sign,...

§38-16-406. Documents Filed With Secretary of State - (a) If the lien or other claim that is the...

§38-16-501. Liability - §38-16-501. Liability. (a) A person may not make, present, or...

§38-16-502. Cause of Action - The following persons may bring an action to enjoin violation...

§38-16-503. Venue - An action under this part 5 may be brought in...

§38-16-504. Filing Fees - (a) The fee for filing an action under this chapter...

§38-16-505. Plaintiff's Costs - (a) The court shall award the plaintiff the costs of...

§38-16-506. Effect on Other Law - This part 5 is cumulative of other law under which...

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West Virginia Code Chapter 38. Liens

West Virginia Code
Chapter 38. Liens