§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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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