WVC 38 - 2 - 37
§38-2-37. Ordering clerk to execute release when lienholder
In case of the refusal of the party holding such lien to
cause such clerk to enter a discharge of such lien, or to execute
a release of such lien, in the manner provided in the preceding
section of this article, upon the request of the party entitled
to such discharge or release, the circuit court of the county, or
the judge thereof in vacation, in which such lien is recorded
may, on motion, after reasonable notice of the party so refusing,
and if no good cause be shown against it, direct the clerk of the
county court to enter such discharge, which shall thereupon have
the effect of a discharge entered under the provisions of the
preceding section. Such proceeding shall be at the cost of the
party so refusing.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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