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WEST VIRGINIA CODE

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WVC 38 - 16 - 404 §38-16-404. Costs and attorneys' fees.
If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorneys' fees to the lien claimant to be paid by the movant.

Note: WV Code updated with legislation passed through the 2012 1st Special Session