H. B. 4384
(By Delegates Hunt, Louisos, Palumbo, Webster,
Browning, Amores and Brown)
[Introduced February 3, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §38-3-4 of the Code of West Virginia,
1931, as amended, relating to requiring county clerks to
notify property owners of the existence of a lien filed
against their property.
Be it enacted by the Legislature of West Virginia:
That §38-3-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. JUDGMENT LIENS.
§38-3-4. Abstracts of judgments; damages or penalty for failure of
clerk or justice to deliver.
The clerk of every court of this state shall, without delay,
make out and deliver a duly certified abstract of every judgment
rendered by such court, and every justice of the peace shall,
without delay, make out and deliver a duly certified abstract of
every judgment rendered by him or her or by any other justice, the docket of which judgment is in his or her possession and under his
or her control, to any person interested therein who may demand the
same, and pay or tender the fee therefor, in which abstract shall
be stated:
(a) The names in full of the plaintiff or plaintiffs, and the
defendant or defendants, as they appear in the papers and
proceedings in the cause, and if the defendants are sued as
partners, the individual names of such defendants, and also the
partnership name shall be stated;
(b) The amount of the judgment and the amount of the costs,
stating each separately;
(c) The value of the specific property (if any) recovered by
it, and the damages, if any, for its detention;
(d) The date of the judgment and the court in which, or the
justice by whom, the judgment was rendered. A fee of one dollar
shall be charged for the filing of any lien against personal
property. When any such lien is filed, the county clerk shall
notify the property holder, by first class mail
, of the existence
of a lien against his or her property. Any clerk or justice who
shall fail to deliver such abstract or notice as herein required
shall, together with the sureties in his or her official bond, be
liable to the person injured by such failure for the amount of his
or her injury, or such injured person may, at his or her option,
recover fifty dollars from such clerk or justice.
NOTICE: The purpose of this bill is to require county clerks
to notify property owners of the existence of a lien filed against
their property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.