There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 38. LIENS.
ARTICLE 2. MECHANICS' LIENS.
§38-2-37. Ordering clerk to execute release when lienholder refuses.
§38-2-37. Ordering clerk to execute release when lienholder
refuses. In case of the refusal of the party holding such lien to cause such clerk to enter a discharge of such lien, or to execute a release of such lien, in the manner provided in the preceding section of this article, upon the request of the party entitled to such discharge or release, the circuit court of the county, or the judge thereof in vacation, in which such lien is recorded may, on motion, after reasonable notice of the party so refusing, and if no good cause be shown against it, direct the clerk of the county court to enter such discharge, which shall thereupon have the effect of a discharge entered under the provisions of the preceding section. Such proceeding shall be at the cost of the party so refusing.
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