West Virginia § 38-12-10 - 38-12-10. Action on refusal of lienholder to execute release.
Full text of West Virginia West Virginia Code § 38-12-10 — 38-12-10. Action on refusal of lienholder to execute release., with citation guidance and answers to common questions.
§ 38-12-10. 38-12-10. Action on refusal of lienholder to execute release.
In case of the failure of the party holding such lien to furnish and execute an apt and proper release upon request of the party entitled thereto as required by section one of this article, the circuit court having jurisdiction may, on motion, after reasonable notice to the party so failing, and if no good cause be shown against it, direct the clerk of the county commission to execute such release, and it shall thereupon have the effect of releases executed under section one of this article. The proceedings shall be at the cost of the lienholder who so refuses without good cause and the court shall also award reasonable attorney fees and court costs to the person entitled to such release if such person be the prevailing party.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 38-12-10
What does West Virginia Code § 38-12-10 cover?
Section 38-12-10 ("38-12-10. Action on refusal of lienholder to execute release.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 38-12-10?
A common citation format is "West Virginia Code § 38-12-10" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 38-12-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.