WVC 47 - 6 - 9
§47-6-9. Action or suit to recover back usurious interest.
If an excess beyond the lawful interest be paid in any case
for the loan or forbearance of money or other thing, the person
paying the same may in a suit or action recover the full amount
of such payment from the person with whom the contract was made
or to whom the assurance was given; and it may be so recovered
from such person notwithstanding the payment of the excess be
made to his indorsee or assignee.