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WV Code § 55-12A-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-2. Definitions

As used in this article, the following definitions shall apply:(1) "Abandoning owner" means any person, vested with title to any interest in minerals, who is proved to have abandoned the interest, that is, to have relinquished any right to possess or enjoy the interest with the expressed intention of terminating ownership of the interest, but without vesting the ownership in any other person.(2) "Development of the minerals" or "mineral development" means (a) mining coal by any method, or (b) drilling for and producing oil or gas by conventional techniques, or by enhanced recovery by injection of fluids of any kind into the producing formation, or (c) utilization of a gas-bearing formation as an underground gas storage reservoir within the meaning of article nine, chapter twenty-two of this code, or (d) production of other minerals by any method.(3) "Interest in minerals" means any interest, real or personal, in coal, oil, gas or any other mineral, for which interest the property taxes are not delinquent as of the date of the filing of a petition under this article.(4) "Surface owner" means any person vested with any interest in fee in the surface estate overlying the particular minerals sought to be developed under this article. A surface owner's rights under this article shall be subject to any deed of trust or other security instrument, lien, surface lease, easement or other nonpossessory interest in the surface owned by any other person; but such persons other than the surface owner shall have no right to notice and no standing to appear and be heard hereunder.(5) "Unknown or missing owner" means any person, vested with title to any interest in minerals, whose present identity or location cannot be determined from the records of the clerk of the county commission, the sheriff, the assessor and the clerk of the circuit court in the county in which the interest is located or by diligent inquiry in the vicinity of the owner's last known place of residence, and shall include such owner's heirs, successors and assigns not known to be alive.
WV Code § 55-12A-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-3. Jurisdiction of the Circuit Court

The circuit court of the county wherein the minerals sought to be leased, or the major portion thereof, are situated shall have jurisdiction of the proceedings authorized by this article.
WV Code § 55-12A-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-4. When Court May Appoint Special Commissioner; Persons Authorized to Institute Proceedings

(a) If the title to any mineral interest is vested in an unknown or missing owner or an abandoning owner and it is proved that the development of the minerals would be advantageous to a prudent owner, and if it appears that the development of the minerals furthers the public policy stated in section one of this article, the circuit court of the county having jurisdiction under section three of this article shall have the power to appoint a special commissioner and authorize the special commissioner to sell, execute and deliver a valid lease of the mineral interest on terms and conditions customary in the area for the mineral interest to be leased. The lease shall continue in full force and effect so long as there are operations under its terms unless the lease has previously expired by its own terms.(b) A petition to the circuit court for the appointment of a special commissioner may be instituted by any person who is:(1) Vested with an interest in fee in the surface estate overlying the particular minerals sought to be developed; or(2) Vested with an interest in fee in the particular minerals sought to be developed; or(3) The lessee or the assignee or successor to the lessee, under a valid and subsisting mineral lease, the lessor of which is a person entitled to file a petition by reason of subdivision (2) of this subsection.
WV Code § 55-12A-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-8. Petitioner's Attorneys' Fees, Expenses and Court Costs

All of the petitioner's attorneys' fees, expenses and court costs incident to the original proceedings authorized under this article shall be paid by the lessee, if a lease is executed pursuant hereto, and by the petitioner if for any reason no lease is executed. After the date of the special commissioner's lease, all expenses and court costs shall be paid out of funds in the hands of the special receiver to the extent such funds are available.
WV Code § 55-12A-9 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-9. Limitation of Action by Unknown or Missing Owner or Abandoning Owner

After the expiration of seven years from the date of the special commissioner's lease, no action may be brought by any unknown or missing owner or abandoning owner or any heir, successor or assign thereof either to recover any past or future proceeds accrued or to be accrued from the lease herein authorized, or to recover any right, title or interest in and to the mineral interest subject to the lease.
WV Code § 55-12A-10 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners|§55-12A-10. Severability

If any part of this article is adjudged to be unconstitutional or invalid, such invalidation shall not affect the validity of the remaining parts of this article; and to this end, the provisions of this article are hereby declared to be severable.
WV Code § 55-13-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-1. Power of Courts to Declare Rights, Status and Other Legal Relations; Objections; Form and Effect of Declaration

Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
WV Code § 55-13-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-2. Who May Have Determination and Obtain Declaration

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
WV Code § 55-13-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-3. Construction of Contract Before or After Breach

A contract may be construed either before or after there has been a breach thereof.
WV Code § 55-13-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-4. Declaration Concerning Trusts and Estates

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
WV Code § 55-13-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-5. No Restriction on Powers Conferred by §55-13-1

The enumeration in sections two, three, and four does not limit or restrict the exercise of the general powers conferred in section one, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
WV Code § 55-13-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-6. When Court May Refuse Judgment

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
WV Code § 55-13-7 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-7. Review

All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.
WV Code § 55-13-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-8. Further Relief

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
WV Code § 55-13-9 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-9. Trial and Determination of Issues of Fact

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
WV Code § 55-13-10 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-10. Costs

In any proceeding under this article the court may make such award of costs as may seem equitable and just.
WV Code § 55-13-11 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-11. Parties

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
WV Code § 55-13-12 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-12. Article Remedial; Liberal Construction and Administration Thereof

This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
WV Code § 55-13-13 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-13. "Person" Defined

The word "person," wherever used in this article, shall be construed to mean any person, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
WV Code § 55-13-14 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-14. Severability

The several sections and provisions of this article, except sections one and two, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the article invalid or inoperative.
WV Code § 55-13-15 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-15. Interpretation and Construction of Article

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
WV Code § 55-13-16 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 13. Uniform Declaratory Judgments Act|§55-13-16. Citation of Article

This article may be cited as the "Uniform Declaratory Judgments Act."
WV Code § 55-14-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-1. Definitions

In this article "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
WV Code § 55-14-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-2. Filing and Status of Foreign Judgments

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of any circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner: Provided, That notwithstanding any other provision of this article to the contrary, a citizen of this state shall be entitled to the same exemption from execution, attachment or seizure and sale as a citizen of the state where the original judgment was entered. A debt collector seeking to enforce a foreign judgment in this state shall ensure that any suggestee execution or other legal process seeking to seize property of a debtor pursuant to a foreign judgment shall clearly state, on the face of the petition or other filing, any property exempt in the state in which the original judgment was entered and it shall specify that the property is exempt from execution, attachment or seizure and sale in this state. Any person seeking to enforce a foreign judgment in this state who violates any provision of this section shall be liable to the person against whom the judgment is sought to be enforced for actual damages and, in addition thereto, shall be liable to such person for a penalty in an amount not more than $1,000. Any person seeking to enforce a foreign judgment in this state who willfully violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
WV Code § 55-14-3 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-3. Notice of Filing

(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post-office address of the judgment debtor and the judgment creditor.(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.(c) No execution or other process for enforcement of a foreign judgment filed hereunder may issue until thirty days after the date the judgment is filed.
WV Code § 55-14-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-4. Stay

(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
WV Code § 55-14-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-5. Fees

Fees for filing, docketing, transcription or other enforcement proceedings shall be as provided for in section eleven, article one, chapter fifty-nine of this code.
WV Code § 55-14-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-6. Optional Procedure

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
WV Code § 55-14-7 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-7. Uniformity of Interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
WV Code § 55-14-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 14. Uniform Enforcement of Foreign Judgments Act|§55-14-8. Short Title

This article may be cited as the "Uniform Enforcement of Foreign Judgments Act."
WV Code § 55-16-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 16. Civil Remedy for Worthless Check|§55-16-1. Civil Remedy for Making, Drawing, Issuing, Uttering or Delivery of Worthless Check, Draft or Order

(a) As used in this section, "check" means a draft or other written order payable on demand and drawn on a bank or depository.(b) If the maker or drawer of a check: (1) Draws, makes, utters, or issues and delivers to another a check drawn on a bank or depository that refuses to honor it because the maker or drawer does not have sufficient funds with which to pay the check on deposit in or credit with the bank or depository upon presentation; and (2) knowingly fails to pay the amount of the check in cash to the payee, within thirty days following written demand, the payee has a cause of action against the drawer or maker.(c) In an action under this section, the payee may be awarded:(1) The face amount of the check, less any money received by the payee in partial payment of the debt of the check;(2) Damages of $500 or the face amount of the check, whichever is less; and(3) Reasonable costs incurred in filing the action.(d) In an action under this section, the court or jury may waive all or part of the damages or fees authorized by subdivision (2), subsection (c) of this section upon a finding that the defendant's failure to satisfy the dishonored check was due to the defendant's recent discharge from his or her employment, personal or family illness, or personal or family catastrophic loss.(e) The written demand required in subsection (a) of this section shall:(1) Describe the check and the circumstances of its dishonor;(2) Contain a demand for payment and a notice of intent tofile suit for damages under this section if payment is not received within thirty days; and(3) Be delivered by personal service, certified mail or regular mail to the defendant at his or her last known address: Provided, That service by regular mail shall be supported by either a post-marked certificate of mailing or a notarized affidavit of service.(f) It is an affirmative defense to any claim under this section that:(1) Full satisfaction of the amount of the check was made before the beginning of the action; or(2) The bank or depository erred in dishonoring the check.(g) No action may be brought pursuant to both this section and sections thirty-nine-a through thirty-nine-h, article three, chapter sixty-one of this code on the same check.