{"data":{"id":"us-wv/w.-va.-code-55-7j-3","jurisdiction":"us-wv","citation":"W. Va. Code § 55-7J-3","heading":"Court authorized remedies.","body":"(a) In an action brought against a person under this article upon a finding that an elderly person, protected person or incapacitated adult has been financially exploited, the court may order:\n(1) The return of property or assets improperly obtained, controlled or used; and\n(2) An award of actual damages to the person who brought the action for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this article.\n(b) In addition to the remedies provided in subsection (a) of this section, a court may order the following:\n(1) For violations committed by a person who is not in a position of trust and confidence, payment of two times the amount of damages incurred or value of property or assets lost; and\n(2) For violations committed by a person in a position of trust and confidence, payment of treble damages.","path":["CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.","ARTICLE 7J. FINANCIAL EXPLOITATION OF AN ELDERLY PERSON, PROTECTED PERSON OR INCAPACITATED ADULT."],"source_url":"https://code.wvlegislature.gov/55-7J-3/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:58Z","sha256":"4f025ed81499e82a193a719abb73cf9a13117bed8531f4090a74919a5729b124","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-55-7j-2","next":"us-wv/w.-va.-code-55-7j-4"},"notice":"GroundRules: Original legal text. Not legal advice."}