{"data":{"id":"us-wv/w.-va.-code-46-9-628","jurisdiction":"us-wv","citation":"W. Va. Code § 46-9-628","heading":"Nonliability and limitation on liability of secured party; liability of secondary obligor.","body":"(a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person and knows how to communicate with the person:\n(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and\n(2) The secured party's failure to comply with this article does not affect the liability of the person for a deficiency.\n(b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:\n(1) To a person that is a debtor or obligor, unless the secured party knows:\n(A) That the person is a debtor or obligor;\n(B) The identity of the person; and\n(C) How to communicate with the person; or\n(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n(A) That the person is a debtor; and\n(B) The identity of the person.\n(c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:\n(1) A debtor's representation concerning the purpose for which collateral was to be used, acquired or held; or\n(2) An obligor's representation concerning the purpose for which a secured obligation was incurred.\n(d) Limitation of liability for statutory damages. A secured party is not liable to any person under section 9-625(c)(2) for its failure to comply with section 9-616.\n(e) Limitation of multiple liability for statutory damages. A secured party is not liable under section 9-625(c)(2) more than once with respect to any one secured obligation.","path":["CHAPTER 46. UNIFORM COMMERCIAL CODE.","ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER."],"source_url":"https://code.wvlegislature.gov/46-9-628/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:56Z","sha256":"c91f3309a430e3167142bf17a2c8f1c368c456a79946272e1107e5df4230c339","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46-9-627","next":"us-wv/w.-va.-code-46-9-701"},"notice":"GroundRules: Original legal text. Not legal advice."}