There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE
ARTICLE 1. CLAIMS DUE THE STATE.
- §14-1-1 Who may prosecute debt proceedings.
- §14-1-2 Method of proceeding; jurisdiction; venue; suing in name of state.
- §14-1-3 Parties defendant; form of judgment.
- §14-1-4 Expedition of proceedings.
- §14-1-5 Form of writ of fieri facias; sale of real estate.
- §14-1-6 To whom execution directed.
- §14-1-7 Order of levy.
- §14-1-8 Sale of real estate under execution -- Notice; place.
- §14-1-9 Sale of real estate under execution -- Conduct; sale of parcels.
- §14-1-10 Sale of real estate under execution -- Terms of sale.
- §14-1-11 Sale of real estate under execution -- Conveyance.
- §14-1-12 Sale of real estate under execution -- Execution of deeds in certain cases.
- §14-1-13 Sale of real estate under execution -- Resale on default of purchaser -- Judgment and execution on purchaser's note.
- §14-1-14 Sale of real estate under execution -- Resale on default of purchaser -- Judgment against personal representatives.
- §14-1-15 Sale of real estate under execution -- Property unsold for want of bidders.
- §14-1-16 Sale of real estate under execution -- Purchase of lands for state.
- §14-1-17 Sale of real estate under execution -- Return of execution where property encumbered.
- §14-1-18 Settlement or dismissal of claims.
- §14-1-18a Consignment of claims to debt collector.
- §14-1-18b Regulations applicable to debt collectors.
- §14-1-18c List of eligible debt collectors; statutory limitations applicable to debt collectors.
- §14-1-19 Appointment of collection agents by auditor.
- §14-1-20 Lands of state -- List by clerk.
- §14-1-21 Lands of state -- Registration by auditor.
- §14-1-22 Lands of state -- Sale.
- §14-1-23 Lands of state -- Record of sale.
- §14-1-24 Compensation of auditor's agents for collection of debts.
- §14-1-25 Execution of deeds in certain cases.
- §14-1-26 Reports to Legislature.
- §14-1-27 Debts due state from sheriffs or other officers -- Sale.
- §14-1-28 Debts due state from sheriffs or other officers -- Notice of sale.
- §14-1-29 Debts due state from sheriffs or other officers -- Mode and terms of sale.
- §14-1-30 Debts due state from sheriffs or other officers -- Return of sale; exceptions to sale; resale.
- §14-1-31 Debts due state from sheriffs or other officers -- Confirmation of sale; certification to auditor.
- §14-1-32 Debts due state from sheriffs or other officers -- Sending purchase money and notes for debts to auditor; collection of notes.
- §14-1-33 Debts due state from sheriffs or other officers -- Rights of purchaser of such debts.
- §14-1-34 Commissions to sheriff; payment of publication costs.
- §14-1-35 Transfer by defaulting officer or surety.
- §14-1-36 Settlement with sureties.
ARTICLE 2. CLAIMS AGAINST THE STATE.
- §14-2-1 Purpose.
- §14-2-2 Venue for certain suits and actions.
- §14-2-2a Venue for suits and actions involving West Virginia University and Marshall University.
- §14-2-3 Definitions.
- §14-2-4 Creation of court of claims; appointment and terms of judges; vacancies.
- §14-2-4a Interim judges.
- §14-2-5 Court clerk and other personnel.
- §14-2-6 Terms of court.
- §14-2-7 Meeting place of the court.
- §14-2-8 Compensation of judges; expenses.
- §14-2-9 Oath of office.
- §14-2-10 Qualifications of judges.
- §14-2-11 Attorney general to represent state.
- §14-2-12 General powers of the court.
- §14-2-13 Jurisdiction of the court.
- §14-2-13a Claims for unjust arrest and imprisonment or conviction and imprisonment.
- §14-2-14 Claims excluded.
- §14-2-15 Rules of practice and procedure.
- §14-2-16 Regular procedure.
- §14-2-17 Shortened procedure.
- §14-2-18 Advisory determination procedure.
- §14-2-19 Claims under existing appropriations.
- §14-2-20 Claims under special appropriations.
- §14-2-21 Periods of limitation made applicable.
- §14-2-22 Compulsory process.
- §14-2-23 Inclusion of awards in budget.
- §14-2-24 Records to be preserved.
- §14-2-25 Reports of the court.
- §14-2-26 Fraudulent claims.
- §14-2-27 Conclusiveness of determination.
- §14-2-28 Award as condition precedent to appropriation.
- §14-2-29 Severability.
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.
- §14-2A-1 Short title.
- §14-2A-2 Legislative findings; purpose and intent.
- §14-2A-3 Definitions.
- §14-2A-4 Creation of crime victims compensation fund.
- §14-2A-5 Jurisdiction.
- §14-2A-6 Appointment and compensation of commissioners and judges serving under this article.
- §14-2A-7 Qualifications of commissioners.
- §14-2A-8 Commissioners' oath of office.
- §14-2A-9 Claim investigators; compensation and expenses; paralegals and support staff.
- §14-2A-10 Filing of application for compensation award; contents.
- §14-2A-11 Procedure for filing of application.
- §14-2A-12 Investigation and recommendations by claim investigator.
- §14-2A-13 Notice to claimant of claim investigator's recommendation; evaluation of claim by judge or commissioner.
- §14-2A-14 Grounds for denial of claim or reduction of awards; maximum awards.
- §14-2A-15 Hearings.
- §14-2A-16 Evidence.
- §14-2A-17 Contempt sanction not available.
- §14-2A-18 Effect of prosecution or conviction of offender.
- §14-2A-19 Attorney and witness fees.
- §14-2A-19a Effect on physician, hospital and healthcare providers filing an assignment of benefits; tolling of the statute of limitations.
- §14-2A-20 Budget preparation; procedure for payment of claims.
- §14-2A-21 Annual report of court of claims.
- §14-2A-22 State's subrogation to claimant's rights.
- §14-2A-23 Subrogation rights of collateral source.
- §14-2A-24 Award not subject to execution or attachment; exceptions.
- §14-2A-25 Publicity.
- §14-2A-26 Rules and regulations.
- §14-2A-27 Application of article.
- §14-2A-28 Retroactive effect of amendments.
- §14-2A-29 Retroactive effect of amendments.
ARTICLE 2B. DISTRIBUTION OF CRIME PROFITS.
- §14-2B-1 Short title.
- §14-2B-2 Legislative findings; purpose and intent.
- §14-2B-4 Notice of contract with defendant; payment over of crime profits to prosecutor; placing of crime profits into escrow account.
- §14-2B-5 Prosecutor to commence action to distribute profits from crime; joinder of parties; statute of limitations; issues to be determined in action.
- §14-2B-6 Authority of prosecutor to make payments from escrow account for the necessary expenses of protection of moneys paid into the escrow account; payment of moneys to defendant when charges dismissed prior to filing of interpleader action.
- §14-2B-7 Prosecutor to distribute funds as ordered by court; court to order distribution of funds.
- §14-2B-8 Priorities of claims to moneys in escrow account.
- §14-2B-9 Acts to defeat intent of article void as against public policy.
- §14-2B-10 Consent to jurisdiction.
- §14-2B-11 Failure of defendant or person, firm, corporation, partnership, association or other legal entity contracting with defendant to provide notice to prosecutor or pay over moneys to prosecutor as required by this article; civil penalty of treble damages.
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