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2019 West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 6N. Consumer Litigation Financing
§46A-6N-8. Contingency Rights; Assignments; Priority of Lien, Subrogation Interest, or Right of Reimbursement
Universal Citation: WV Code § 46A-6N-8 (2019)
(a) The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer, and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier.
(b) The lien of a litigation financier on a consumer"s legal claim has priority over liens that attach and take effect subsequent to the attachment of the litigation financier"s lien to the consumer"s legal claim, except for the following:
(1) Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumer"s legal claim; and
(2) Child support, Medicare, tax, or any other statutory or governmental lien.
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