2009 West Virginia Code
CHAPTER 38. LIENS.

ARTICLE 1. VENDOR'S AND TRUST DEED LIENS. 

• §38-1-1 Vendor's lien; its enforcement.
• §38-1-1a Deeds of trust conveying real and/or personal property; limitations on application of article.
• §38-1-2 Form of trust deed.
• §38-1-3 Sales under trust deeds.
• §38-1-4 Notice of sale.
• §38-1-4a Statute of limitations for sales by trustees.
• §38-1-5 Terms of sale.
• §38-1-6 Form of trustee's deed.
• §38-1-7 Application of proceeds.
• §38-1-8 Return of account of sale; forfeiture of commissions on failure to account.
• §38-1-8a Reports by Trustee to County Clerk; additional information to be filed with report of sale.
• §38-1-9 Recordation of account of trustee.
• §38-1-10 Who may require trustee to give bond; new trustee on failure to give; notice.
• §38-1-11 Amount and approval of bond of trustee; recordation; effect of failure to give.
• §38-1-12 Bond of new trustee appointed by court; recordation.
• §38-1-13 Applicability of article 14 of chapter 44.
• §38-1-14 Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release.
• §38-1-15 Validity of deed of trust upon renewal of loan.

ARTICLE 1A. TRUSTEES OF SECURITY TRUSTS. 

• §38-1A-1 "Security trust" defined.
• §38-1A-2 Nonresident of state not to be named trustee; corporations eligible to be trustees.
• §38-1A-3 Validity of sales and titles conveyed by nonresident trustees.
• §38-1A-4 Enjoining sales or conveyances by nonresident trustees.
• §38-1A-5 Recovery of commissions, costs and expenses following sale by nonresident trustee.
• §38-1A-6 Security trust not to be recorded unless trustee's address stated; sufficiency thereof.
• §38-1A-7 Secretary of state attorney-in-fact for service on nonresident trustees.
• §38-1A-8 How service of process or notice made.
• §38-1A-9 Action by secretary of state following service.
• §38-1A-10 Other manner of serving process or notice.
• §38-1A-11 Appointment of resident trustee by court; powers and duties of substituted trustee.
• §38-1A-12 Notice of motion for appointment of resident trustee; guardians ad litem.
• §38-1A-13 Provisions of article severable and remedial.

ARTICLE 2. MECHANICS' LIENS. 

• §38-2-1 Lien of contractor.
• §38-2-2 Lien of subcontractor.
• §38-2-3 Lien of materialman furnishing supplies to owner.
• §38-2-4 Lien of materialman furnishing supplies to contractor or subcontractor.
• §38-2-5 Lien of mechanic or laborer working for owner.
• §38-2-6 Lien of mechanic or laborer working for contractor or subcontractor.
• §38-2-6a Lien of architect, surveyor, engineer or landscape architect.
• §38-2-7 Necessity and period for perfecting lien.
• §38-2-8 Notice and recordation of contractor's lien.
• §38-2-9 Notice and recordation of subcontractor's lien.
• §38-2-10 Notice and recordation of lien for supplies furnished to owner.
• §38-2-11 Notice and recordation of lien for supplies furnished to contractor or subcontractor.
• §38-2-12 Notice and recordation of lien of mechanic or laborer working for owner.
• §38-2-13 Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.
• §38-2-14 Discharge of lien for failure to comply with article.
• §38-2-15 Publication and posting of notice to nonresident owner or owner not found.
• §38-2-16 What deemed included in one contract.
• §38-2-17 Priority of mechanics' liens over other liens.
• §38-2-18 Priority as among mechanics' lienors.
• §38-2-19 Demand of account by owner; discharge of lien for failure to file account.
• §38-2-20 Preliminary notice to owner; effect.
• §38-2-21 Effect of payment by owner to contractor or subcontractor.
• §38-2-22 Limitation of owner's liability by recordation of contract and bond of general contractor.
• §38-2-23 Effect of failure of owner to record contract and bond.
• §38-2-24 Form of bond.
• §38-2-25 Amount of rural land subject to lien.
• §38-2-26 Enforcement of contractor's bond in suit to enforce lien.
• §38-2-27 Clerk of county court to record notices of liens, contracts and bonds; record book; indexing.
• §38-2-28 Proof of sale and delivery prima facie proof of use of materials.
• §38-2-29 Lien on several structures.
• §38-2-30 Compensation and lien of contractor on default of owner.
• §38-2-31 Lien against corporation for work or labor; priority.
• §38-2-32 Perfecting lien for work or labor against corporation.
• §38-2-33 Clerk to record notices of liens against corporations for work and labor.
• §38-2-34 Time within which suit to enforce lien may be brought; right of other lienors to intervene.
• §38-2-35 Decree of sale in suit to enforce lien; personal decree.
• §38-2-36 Discharge or release of lien; recordation; escrow; disbursement of escrow.
• §38-2-37 Ordering clerk to execute release when lienholder refuses.
• §38-2-38 Enforcement of lien by executor, administrator or assignee.
• §38-2-39 Public building; bond of contractor; recordation of bond; no lien in such case.

ARTICLE 3. JUDGMENT LIENS. 

• §38-3-1 Effect of decrees and orders; enforcement.
• §38-3-2 Decree or order for payment of money; enforcement by execution.
• §38-3-3 Meaning of word "judgment."
• §38-3-4 Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.
• §38-3-5 Docketing abstracts of judgments; indexing; damages or penalty for failure of clerk to perform duties.
• §38-3-6 Lien of judgment on real estate.
• §38-3-7 Judgment lien not good as against bona fide purchasers unless docketed, etc.; effect of issuing and filing execution.
• §38-3-8 Notation of executions on judgment lien docket.
• §38-3-9 Enforcement of judgment lien by suit.
• §38-3-10 Same -- Parties.
• §38-3-11 Same -- Publication of notice to lienholders.
• §38-3-12 Same -- Duties of commissioner.
• §38-3-13 Same -- Confirmation of report; decree of rental or sale and distribution.
• §38-3-14 Same -- Judgment against debtor pending suit.
• §38-3-15 Same -- Other proceedings commenced pending suit.
• §38-3-16 Order of liability of real estate.
• §38-3-17 Judgment liens commencing on same day.
• §38-3-18 Limitations on enforcement of judgments.
• §38-3-19 Exceptions to limitations.

ARTICLE 4. EXECUTIONS. 

• §38-4-1 Executions against corporations.
• §38-4-2 Executions on joint judgments.
• §38-4-3 Execution for benefit of person other than plaintiff.
• §38-4-4 Writs of possession and fieri facias on judgments for specific property.
• §38-4-5 Execution or fieri facias on money judgment.
• §38-4-6 On what fieri facias may be levied.
• §38-4-7 How currency or bank notes shall be accounted for.
• §38-4-8 Commencement and duration of lien of fieri facias.
• §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.
• §38-4-10 Docketing as constructive notice.
• §38-4-11 Docketing of execution.
• §38-4-12 Exemption from execution.
• §38-4-13 Indorsement of time of receipt by officer; penalty for failure to indorse.
• §38-4-14 Order of levy and satisfaction of several writs.
• §38-4-15 Rules concerning distress or levy.
• §38-4-16 Officer's return upon fieri facias.
• §38-4-17 Resale upon default of purchaser.
• §38-4-18 Writ of venditioni exponas; notice of sale.
• §38-4-19 Proceeding in case of death of officer before sale.
• §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.
• §38-4-21 Adjournment of sale.
• §38-4-22 Appraisal before sale.
• §38-4-23 Method and terms of sale of appraised property.
• §38-4-24 Payments on purchase money notes.
• §38-4-25 Judgment on defaulted purchase money notes.
• §38-4-26 Form of judgment on notes.
• §38-4-27 Disposition of surplus received by officer; disposition of money not paid over when execution stayed.
• §38-4-28 Liability of officer for money received under execution payable to nonresident of county.
• §38-4-29 Successive executions.
• §38-4-30 New execution when property sold is recovered from obligor on indemnifying bond or purchaser.
• §38-4-31 Motion to quash execution.
• §38-4-32 Limitation on motion for failure to return execution.

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.
• §38-5-2 Time of return of summons and appearance of debtor.
• §38-5-3 Record of examination by commissioner; objections and rulings thereon.
• §38-5-4 Conveyance of real estate outside state and delivery or assignment of personal estate to officer.
• §38-5-5 Compelling debtor to answer.
• §38-5-6 Report by commissioner.
• §38-5-7 Orders concerning disposition of property conveyed, delivered or assigned to officer.
• §38-5-8 Sale of real estate conveyed to officer.
• §38-5-9 Disposition of personal property and collection of debts.
• §38-5-10 Suggestion on judgment; summons against person suggested.
• §38-5-11 Officer's return of summons.
• §38-5-12 Discharge of liability of person suggested on negotiable instrument.
• §38-5-13 Contents of answer of person suggested; verification.
• §38-5-14 Discharge of person suggested by payment of money or delivery of property; officer's receipt.
• §38-5-15 Order of court for payment by person suggested.
• §38-5-16 Effect of order of court as judgment.
• §38-5-17 Failure of person suggested to answer.
• §38-5-18 Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs.
• §38-5-19 Return by officer as to money received in suggestion proceedings; disposition of money.
• §38-5-20 Suit for recovery of property or debt subject to lien.
• §38-5-21 Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor.
• §38-5-22 Disposition of leviable property recovered in suit.
• §38-5-23 Additional executions.

ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED IN PRIVATE EMPLOYMENT. 

• §38-5A-1 Definitions.
• §38-5A-2 Salary or wages subject to suggestion only as provided in this article.
• §38-5A-3 Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions.
• §38-5A-4 Notice to judgment debtor; time for service on suggestee; fee
• §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.
• §38-5A-6 Vacation and modification of suggestee executions.
• §38-5A-7 Renewal of suggestee executions.
• §38-5A-8 Priority of suggestee executions over assignments.
• §38-5A-9 Exemptions.
• §38-5A-10 Accounting for moneys collected under suggestee executions.
• §38-5A-11 Supreme court of appeals authorized to prescribe forms of suggestee executions.
• §38-5A-12 Fees.
• §38-5A-13 Construction of article.

ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS; GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS. 

• §38-5B-1 Definitions.
• §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.
• §38-5B-3 Suggestee execution against salary or wages; commencement of lien; priorities.
• §38-5B-4 Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee.
• §38-5B-5 Service of suggestee execution and vacating or modifying order.
• §38-5B-6 Vacation and modification of suggestee executions.
• §38-5B-7 Renewal of suggestee executions.
• §38-5B-8 Fees.
• §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.
• §38-5B-10 Priority of suggestee executions over assignments.
• §38-5B-11 Executions against claims due contractors on public works.
• §38-5B-12 Exemptions.
• §38-5B-13 Accounting for moneys collected under suggestee executions.
• §38-5B-14 Supreme court of appeals authorized to prescribe forms of suggestee executions.
• §38-5B-15 Garnishment and suggestion of money and other personality in hands of public officers.
• §38-5B-16 Construction of article; effect on existing law.

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.
• §38-6-2 Effect of giving, or of refusal to give, bond; return of bond to clerk's office.
• §38-6-3 Suspending bond; settling claimant's title; how suits on bonds prosecuted.
• §38-6-4 Procedure for determination of conflicting claims to property levied on.
• §38-6-5 Order of sale pending determination of rights.
• §38-6-6 Disposition of surplus proceeds.
• §38-6-7 Forthcoming bonds.
• §38-6-8 Sale of perishable property or property expensive to keep.
• §38-6-9 Levy on additional property.
• §38-6-10 Enforcement of forthcoming bond.
• §38-6-11 Action or motion on forthcoming bond; enforcement of original judgment.
• §38-6-12 Defenses to bond taken under distress warrant.
• §38-6-13 Remedies on quashing of forthcoming bond.
• §38-6-14 Forthcoming bonds forbidden in certain cases.
• §38-6-15 Indorsement on execution forbidding forthcoming bond.
• §38-6-16 Costs.

ARTICLE 7. ATTACHMENT. 

• §38-7-1 Filing of affidavit; prejudgment hearing; seizure of property.
• §38-7-2 Grounds of attachment.
• §38-7-3 Statement of facts showing grounds of attachment in affidavit.
• §38-7-4 Form of order of attachment.
• §38-7-5 Attachment for claim not due.
• §38-7-6 Amendment of affidavit.
• §38-7-7 What property may be attached.
• §38-7-8 Taking possession of personal property; plaintiff's bond.
• §38-7-9 Liability of officer where plaintiff's bond given.
• §38-7-10 Execution of plaintiff's bond after order of attachment sued out.
• §38-7-11 Exceptions to plaintiff's bond.
• §38-7-12 Form of order of attachment when bond given.
• §38-7-13 To what officers orders may be directed.
• §38-7-14 Execution and return of attachment; penalty for failure.
• §38-7-15 Garnishment.
• §38-7-16 Levy of attachment upon real estate.
• §38-7-17 Contents of officer's return of attachment.
• §38-7-18 Attachment on Sunday or holiday.
• §38-7-19 Lien of attachment.
• §38-7-20 Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.
• §38-7-21 Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.
• §38-7-22 Interest and profits pending suit; discharge of attachment on bond.
• §38-7-23 Custody of attached property; sale of perishable property or property expensive to keep; terms.
• §38-7-24 Answer of garnishee.
• §38-7-25 Discharge of garnishee by payment of money or delivery of property.
• §38-7-26 Order against garnishee for payment or delivery; forthcoming bond.
• §38-7-27 Failure of garnishee to answer.
• §38-7-28 Jury trials in garnishment cases; waiver of right; appeal; costs.
• §38-7-29 Effect of order against garnishee as judgment.
• §38-7-30 Service of process.
• §38-7-31 Who may defend against attachment.
• §38-7-32 Quashing of attachment for insufficiency of affidavit.
• §38-7-33 Denial of grounds of attachment; trial; new trial; appeal.
• §38-7-34 Final judgment for defendant on merits.
• §38-7-35 Damages for unlawful attachment.
• §38-7-36 Order of sale to satisfy judgment for plaintiff.
• §38-7-37 Sale of attached land; conveyance.
• §38-7-38 Conveyance by former officer; sale or conveyance by special commissioner.
• §38-7-39 Bond for sale of attached land when defendant has not appeared or been served.
• §38-7-40 Bond for sale of attached personal property when defendant has not appeared or been served.
• §38-7-41 Intervention of third persons; trial; costs.
• §38-7-42 Priority of attachments.
• §38-7-43 Rehearing after judgment or decree on service by publication.
• §38-7-44 Judgment on rehearing; costs.
• §38-7-45 Appeal bond; return of property to owner.
• §38-7-46 Who may give bonds.

ARTICLE 8. EXEMPTIONS FROM LEVY. 

• §38-8-1 Exemptions of personal property.
• §38-8-2 Definition of value.
• §38-8-3 Method of claiming exemption on personal property.
• §38-8-4 Demand for appraisement; selection of appraisers.
• §38-8-5 Appraisement.
• §38-8-6 Officer's return to include appraisement and debtor's list.
• §38-8-7 Release of exempt claim or demand.
• §38-8-8 Forfeiture by officer selling or refusing to release exempt property.
• §38-8-9 Compensation of appraisers.
• §38-8-10 Right of exemption of surviving spouse or minor children.
• §38-8-11 No exemption from claims for child or spousal support, purchase money or taxes.
• §38-8-12 How appraisement may be set aside; determination of liens.
• §38-8-13 Proceedings or transfers to avoid exemption prohibited.
• §38-8-14 Unripe crops exempt; exception as to corn.
• §38-8-15 Waiver of exemption void.

ARTICLE 9. HOMESTEAD EXEMPTIONS. 

• §38-9-1 Persons entitled to homestead; value.
• §38-9-2 Definitions.
• §38-9-4 Proceedings to reach excess value of homestead.
• §38-9-5 Descent of homestead to infant children.
• §38-9-6 Waiver of exemption void.

ARTICLE 10. FEDERAL TAX LIENS; ORDERS AND DECREES IN BANKRUPTCY. 

• §38-10-1 Recordation of federal tax lien; release; fee.
• §38-10-1a Recordation of certificates of redemption.
• §38-10-2 Recordation of adjudications of bankruptcy; fee.
• §38-10-3 Recordation of orders approving bonds of trustees in bankruptcy; fee.
• §38-10-4 Exemptions of property in bankruptcy proceedings

ARTICLE 10A. FEDERAL LIEN REGISTRATION. 

• §38-10A-1 Scope.
• §38-10A-2 Place of filing.
• §38-10A-3 Execution of notices and certificates.
• §38-10A-4 Duties of the clerk of the county commission.
• §38-10A-5 Fees.

ARTICLE 10B. LIENS ON STOCKS OF GOODS AND INVENTORIES OF COOPERATIVE ASSOCIATIONS. 

• §38-10B-1 Repealed

ARTICLE 10C. STATE AND LOCAL TAX LIENS. 

• §38-10C-1 Recordation necessary for priority of liens in favor of state, political subdivision or municipality.
• §38-10C-2 Notices of liens of state, political subdivisions and municipalities to be filed; indexes; release.

ARTICLE 10D. SUPER FUND LIEN RECORDATION ACT. 

• §38-10D-1 Recordation of federal superfund liens; release; fee.

ARTICLE 11. MISCELLANEOUS LIENS AND PLEDGES. 

• §38-11-1 Definition of lienor.
• §38-11-2 Rights of lienor in property subject to other claims; priority.
• §38-11-3 Improver's, storer's or transporter's lien on personal property and animals.
• §38-11-4 Lien of bailee of animals or vehicles.
• §38-11-5 Lien for lodging and board.
• §38-11-6 Lien of humane officer.
• §38-11-7 Recovery of possession from owner by lienor.
• §38-11-8 Lien for service of male animals.
• §38-11-9 Workman's or materialman's lien on vessel.
• §38-11-10 Lienor's right to compensation and lien for storage.
• §38-11-11 Assignability of liens.
• §38-11-12 Liability of lienor or pledgee for safe return of property delivered to another.
• §38-11-13 How possessory lien may be waived, lost or released.
• §38-11-14 Enforcement of lien or pledge.
• §38-11-15 Sale or disposition of perishable or hazardous goods by lienor or pledgee.
• §38-11-16 Other remedies of lienor or pledgee.
• §38-11-17 Repealed

ARTICLE 12. RELEASE AND ASSIGNMENT OF LIENS. 

• §38-12-1 When release of lien required; requisites thereof.
• §38-12-2 When trustee may release lien of deed of trust; effect.
• §38-12-3 Release by trustee when unnamed persons are secured; publication; effect.
• §38-12-4 Form of release; recordation of assignment with release by assignee.
• §38-12-5 Partial or limited release.
• §38-12-6 Liability of lienor for release after assignment.
• §38-12-7 Release when lienor under disability.
• §38-12-8 Recordation of release; effect.
• §38-12-9 Duties of clerk.
• §38-12-10 Action on refusal of lienholder to execute release.
• §38-12-11 Construction of article.
• §38-12-12 Noting satisfaction of execution on judgment lien docket.
• §38-12-13 Penalty for failure of clerk or other officer.

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.
• §38-13-2 Oath and bond of trustee; requiring further security.
• §38-13-3 Reference to fiduciary commissioner; appraisers.
• §38-13-4 Trustee to file schedule; substitute trustee.
• §38-13-5 Notice by trustee to creditors; publication and mailing.
• §38-13-6 Filing and proof of claims.
• §38-13-7 Liens requiring or not requiring proof; waiver by lienor; delinquent taxes; sales of property subject to liens or taxes.
• §38-13-8 First meeting of creditors; substitute trustee.
• §38-13-9 Sales by trustee; creditors may prescribe manner and terms; powers of fiduciary commissioner; compromising claims; continuing operation of business.
• §38-13-10 Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.
• §38-13-11 Report by fiduciary commissioner; appeal from decision; allowance of expenses and fees; directions to trustee; dividends; closing trusteeship.
• §38-13-12 Powers, duties and qualifications of trustee; substitute for unqualified, removed, deceased or disabled trustee.
• §38-13-13 Powers and duties of fiduciary commissioner.
• §38-13-14 Duties of assignor.
• §38-13-15 Fiduciary commissioner to certify to circuit court disobedience of order, etc.; punishment for contempt by court.
• §38-13-16 Expenses and fees of trustee, fiduciary commissioner, appraisers and attorneys for trustee.

ARTICLE 14. SELF-SERVICE STORAGE LIEN ACT. 

• §38-14-1 Short title.
• §38-14-2 Definitions.
• §38-14-3 Self-service storage lien.
• §38-14-4 Late fees.
• §38-14-5 Enforcement of self-service storage lien.
• §38-14-6 Other legal remedies may be used.
• §38-14-7 Duties; care, custody and control of property.
• §38-14-8 Savings clause.
• §38-14-9 Effective date and application of article.

ARTICLE 15. UNIFORM TRUST RECEIPTS ACT. 

• §16738-15-1to38-15-20 Repealed

ARTICLE 16. FRAUDULENT COMMON LAW LIENS. 

• §38-16-102 Court of competent jurisdiction defined.
• §38-16-103 Federal government defined.
• §38-16-104 Federal official or employee defined.
• §38-16-105 Lien defined.
• §38-16-106 Nonconsensual common law lien defined.
• §38-16-107 Purported court defined.
• §38-16-108 State or local official or employee defined.
• §38-16-202 Real property common law liens unenforceable; personal property common law liens limited.
• §38-16-302 No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.
• §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.
• §38-16-304 No duty to disclose record of common law lien.
• §38-16-305 Immunity from liability for failure to accept filing or disclose common law lien.
• §38-16-306 No duty to disclose fraudulent lien record; lien of purported court is a nullity.
• §38-16-402 Action on fraudulent judgment lien.
• §38-16-403 Action on fraudulent lien on property.
• §38-16-404 Costs and attorneys' fees.
• §38-16-405 Warning sign.
• §38-16-406 Documents filed with secretary of state.
• §38-16-502 Cause of action.
• §38-16-503 Venue.
• §38-16-504 Filing fees.
• §38-16-505 Plaintiff's costs.
• §38-16-506 Effect on other law.