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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 38-12-10: Action on refusal of lienholder to execute release.

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Where this section sits in the code
  1. CHAPTER 38. LIENS.
  2. ARTICLE 12. RELEASE AND ASSIGNMENT OF LIENS.

In case of the failure of the party holding such lien to furnish and execute an apt and proper release upon request of the party entitled thereto as required by section one of this article, the circuit court having jurisdiction may, on motion, after reasonable notice to the party so failing, and if no good cause be shown against it, direct the clerk of the county commission to execute such release, and it shall thereupon have the effect of releases executed under section one of this article. The proceedings shall be at the cost of the lienholder who so refuses without good cause and the court shall also award reasonable attorney fees and court costs to the person entitled to such release if such person be the prevailing party.

Collected 2026-09-06T00:29:19Z. Source file · JSON

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