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WV Code § 46-9-807 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-807. Amendment of Preeffective-Date Financing Statement

(a) "Preeffective-date financing statement". -- In this section, "preeffective-date financing statement" means a financing statement filed before the amendments to this article during the 2012 Regular Legislative Session take effect.(b) Applicable law. -- After the amendments to this article during the 2012 Regular Legislative Session take effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this article as amended during the 2012 Regular Legislative Session. However, the effectiveness of a preeffective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.(c) Method of amending: general rule. -- Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a preeffective-date financing statement may be amended after the amendments to this article during the 2012 Regular Legislative Session take effect only if:(1) The preeffective-date financing statement and an amendment are filed in the office specified in section 9-501;(2) An amendment is filed in the office specified in section 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies section 9-806(c); or(3) An initial financing statement that provides the information as amended and satisfies section 9-806(c) is filed in the office specified in section 9-501.(d) Method of amending: continuation. -- If the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be continued only under section 9-805(c) and (e) or 9-806.(e) Method of amending: additional termination rule. -- Whether or not the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this state may be terminated after the amendments to this article during the 2012 Regular Legislative Session take effect by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless an initial financing statement that satisfies section 9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this article as amended during the 2012 Regular Legislative Session as the office in which to file a financing statement.
WV Code § 46-9-808 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement

A person may file an initial financing statement or a continuation statement under this part if:(1) The secured party of record authorizes the filing; and(2) The filing is necessary under this part:(A) To continue the effectiveness of a financing statement filed before the amendments to this article during the 2012 Regular Legislative Session take effect; or(B) To perfect or continue the perfection of a security interest.
WV Code § 46-9-809 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-809. Priority

This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the amendments to this article during the 2012 Regular Legislative Session take effect, this article, as it existed before the 2012 amendments determines priority.
WV Code § 46-10-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 10. Effective Date and Repealer|§46-10-101. Effective Date

This chapter applies to transactions entered into and events occurring after the effective date thereof.
WV Code § 46-10-102 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 10. Effective Date and Repealer|§46-10-102. Specific Repealer; Provisions for Transition

(1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed:(a) The Uniform Negotiable Instruments Act;(b) the Uniform Warehouse Receipts Act;(c) the Uniform Stock Transfer Act;(d) the Uniform Conditional Sales Act;(e) the Uniform Trust Receipts Act;(2) Transactions validly entered into before the effective date specified in section 10-101 and the rights, duties and interest flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though such repeal or amendment had not occurred.
WV Code § 46-10-103 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 10. Effective Date and Repealer|§46-10-103. General Repealer

Except as provided in the following section, all acts and parts of acts inconsistent with this chapter are hereby repealed.
WV Code § 46-10-104 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 10. Effective Date and Repealer|§46-10-104. Laws Not Repealed

(1) The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 1-201).(2) This chapter does not repeal article 4d of chapter 31 cited as the Simplification of Fiduciary Security Transfers, and if in any respect there is any inconsistency between that article and the article of this chapter on investment securities (article 8) the provisions of the former article shall control.
WV Code § 46A-1-101 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-101. Short Title

This chapter shall be known and may be cited as the "West Virginia Consumer Credit and Protection Act."
WV Code § 46A-1-103 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-103. Effect of Chapter on Powers of Persons Making Consumer Credit Sales and Consumer Loans, and Others; Consumer Protection Generally

(1) This chapter prescribes maximum charges for all creditors, except lessors and those excluded, making consumer credit sales and consumer loans, and sales and loans made subject to the provisions of this chapter by agreement, and except as otherwise provided by this chapter displaces any existing limitations and provisions regulating maximum interest and charges, minimum charges, additional charges, delinquency charges, deferral charges, allocation of charges and methods of computing rebates upon prepayment, refinancing or consolidation with respect to consumer credit sales and consumer loans, and the debtors' remedies and penalties provided by this chapter displace all existing provisions relating to remedies, penalties and forfeitures for usury and usurious contracts as to transactions covered by this chapter.(2) Except as provided in subsection (1) of this section or elsewhere in this chapter, this chapter does not displace powers or limitation on powers which supervised financial organizations are authorized to exercise under the laws of the United States or other laws of this state in effect after the operative date of this chapter.(3) This chapter also prescribes in various articles protective measures for consumers in transactions not necessarily involving consumer credit.
WV Code § 46A-1-104 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-104. Application

(1) This chapter applies if a consumer, who is a resident of this state, is induced to enter into a consumer credit sale made pursuant to a revolving charge account, to enter into a revolving charge account, to enter into a consumer loan made pursuant to a revolving loan account, or to enter into a consumer lease, by personal or mail solicitation, and the goods, services or proceeds are delivered to the consumer in this state, and payment on such account is to be made from this state.(2) With respect to consumer credit sales or consumer loans consummated in another state, a creditor may not collect in an action brought in this state a sales finance charge or loan finance charge in excess of that permitted by this chapter.
WV Code § 46A-1-105 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-105. Exclusions

(a) This chapter does not apply to:(1) Extensions of credit to government or governmental agencies or instrumentalities;(2) The sale of insurance by an insurer, except as otherwise provided in this chapter;(3) The obligation of a property owner, lot owner, or homeowner in a planned community containing no more than 12 units which is not subject to any development rights or a planned community that provides in its declaration that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed $300 as adjusted pursuant to 36B-1-114 of this code, or the efforts of property owners associations or homeowners associations to collect the same to pay dues, assessments, costs, or fees of any kind to a property owners association or homeowners association;(4) Transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment; or(5) Licensed pawnbrokers.(b) Mortgage lender and broker licensees are excluded from the provisions of this chapter to the extent those provisions directly conflict with any section of 31-17-1 et seq. of this code.
WV Code § 46A-1-106 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-106. Sales, Leases or Loans Subject to Chapter by Agreement of Parties

The parties to any sale, lease or loan, other than a consumer credit sale, consumer lease or consumer loan, may agree in writing signed by the parties that the sale, lease or loan is subject to the provisions of this chapter applying to consumer credit sales, consumer leases or consumer loans. If the parties so agree, the sale, lease or loan is subject to this chapter.
WV Code § 46A-1-107 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-107. Waiver

Except as otherwise provided in this chapter, a consumer may not waive or agree to forego rights or benefits under this chapter or under article two-a, chapter forty-six of this code.
WV Code § 46A-1-108 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 1. Short Title, Definitions and General Provisions|§46A-1-108. Records Retention Methods

(a) All persons, other than banks and credit unions, who are subject to the provisions of this chapter and who are required to create or maintain records or other documents in the course of their business, may copy or reproduce those records or documents (other than notes, bonds, mortgages and other securities and investments) by any existing and generally accepted method of reproduction or retention technology which conforms to the requirements of section thirty-five, article four, chapter thirty-one-a of this code and may substitute copies or reproductions of the records or documents either in positive or negative form for the originals. A copy or reproduction in the form of a positive print is deemed to be an original counterpart of and has the same force as the original and is admissible in evidence in all courts and administrative agencies in this state for all purposes. The copies or reproductions authorized by this subsection shall be maintained pursuant to the records retention requirements applicable to the original records or documents. The original records or documents, once copied or reproduced, may be destroyed or otherwise eliminated.(b) When copies of documents are offered in evidence, all circumstances surrounding the making or issuance of the documents, books, records, correspondence and other instruments, papers or writings, or the photographic, photostatic or microphotographic copies or optical disks or other permissible reproductions represented by the copies, may be shown to affect the weight of the documents as evidence, but not the admissibility.(c) Any device used to copy or reproduce documents and records shall be one which correctly and accurately reproduces the original document or record in all details and any disk or film used for this purpose shall be of durable material.(d) Banks and credit unions may reproduce and maintain records and documents in conformity with this section as long as the reproduction and maintenance methods used do not conflict with any other provisions of this code applicable to banks or credit unions or with any rule of the commissioner of banking.
WV Code § 46A-2-104 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 2. Consumer Credit Protection|§46A-2-104. Notice to Cosigners

(a) No person shall be held liable as cosigner, or be charged with personal liability for payment in a consumer credit sale, consumer lease or consumer loan unless that person, in addition to and before signing any instrument evidencing the transaction, signs and receives a separate notice which clearly explains his liability in the event of default by the consumer and also receives a copy of any disclosure required by the "Federal Consumer Credit Protection Act."(b) Such notice shall be sufficient in a consumer credit sale or consumer loan if it appears under the conspicuous caption "NOTICE TO COSIGNER" and contains substantially the following language:"You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay it if you have to, and that you want to accept this responsibility.""You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.""The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.""This notice is not the contract that makes you liable for the debt."The caption shall be typewritten or printed in at least twelve point bold upper case type. The body of the notice shall be typewritten or printed in at least eight point regular type, in upper or lower case, where appropriate.(c) Such notice shall be sufficient in a consumer lease transaction if it appears under the conspicuous caption "NOTICE TO COSIGNER" and contains substantially the following language:"You are being asked to guarantee this lease. Think carefully before you do. If the lessee doesn't pay, you will have to. Be sure you can afford to pay it if you have to, and that you want to accept this responsibility.""You may have to pay up to the full amount if the lessee does not pay. You may also have to pay late fees or collection costs, which increase this amount.""The creditor can collect this debt from you without first trying to collect from the lessee. The creditor can use the same collection methods against you that can be used against the lessee, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.""This notice is not the contract which makes you liable for the debt."The caption shall be typewritten or printed in at least twelve point bold upper case type. The body of the notice shall be typewritten or printed in at least eight point regular type, in upper or lower case, where appropriate.
WV Code § 46A-2-105 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 2. Consumer Credit Protection|§46A-2-105. Balloon Payments

(1) With respect to a consumer credit sale or a consumer loan in which the initial total amount payable is less than $1,500, other than one primarily for an agricultural purpose or one pursuant to a revolving charge account or revolving loan account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the consumer has the right to refinance the amount of that payment, hereinafter in this section referred to as a balloon payment, at the time it is due without penalty.(2) With respect to a consumer credit sale or consumer loan whenever any scheduled payment is at least twice as large as the smallest of all earlier scheduled payments other than any down payment, any writing purporting to contain the agreement of the parties shall contain language in form and substance substantially similar to the following: THIS CONTRACT IS NOT PAYABLE IN INSTALLMENTS OF EQUAL AMOUNTS: Followed, if there is only one installment which is at least twice as large as the smallest of all earlier scheduled payments other than any down payment, by: AN INSTALLMENT OF $..... WILL BE DUE ON ..........or, if there is more than one such installment, by: LARGER INSTALLMENTS WILL BE DUE AS FOLLOWS:(The amount of every such installment and its due date shall be inserted).(3) The provisions of this section shall not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the consumer.(4) Notwithstanding the foregoing provisions of this section, the commissioner may, by rules and regulations, if necessary to further protect consumers, otherwise regulate or control agreements to be entered into in a consumer credit sale or consumer loan transaction which provide for a balloon payment or prohibit parties from entering into any agreement in a consumer credit sale or consumer loan transaction which provides for a balloon payment.
WV Code § 46A-2-107 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 2. Consumer Credit Protection|§46A-2-107. Security in Sales or Leases

(1) With respect to a consumer credit sale, a seller or issuer of a seller credit card may take a security interest in the property sold. In addition, a seller or issuer of a seller credit card may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is $1,500 or more, or, in the case of a security interest in goods the debt secured is $300 or more. The seller or issuer of a seller credit card may also take a security interest in any property of the buyer to secure the debt arising from a consumer credit sale primarily for an agricultural purpose. Except as provided with respect to cross-collateral in connection with consolidated debts, a seller or issuer of a seller credit card may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale.(2) With respect to a consumer lease other than a lease primarily for an agricultural purpose, a lessor may not take a security interest in property of the lessee to secure the debt arising from the lease.(3) A security interest taken in violation of this section is void.(4) "Security interest" as used in this section means a security interest arising by agreement of the parties and does not include a lien arising by operation of law. Any such agreement must contain a description of the security interest retained and must contain a clear identification of each particular item of collateral, including if appropriate, the name of the manufacturer of such item and its make, model and serial number. If the item is a used or rebuilt sample or demonstrator, such fact shall also be stated in the security agreement.
WV Code § 46A-2-108 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 2. Consumer Credit Protection|§46A-2-108. Cross-Collateral

In addition to contracting for a security interest pursuant to the provisions on security in sales or leases, a seller or issuer of a seller credit card in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller or issuer of a seller credit card has an existing security interest in the other property and such debts are consolidated. The seller or issuer of a seller credit card may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt if such debts are consolidated.
WV Code § 46A-2-109 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 2. Consumer Credit Protection|§46A-2-109. Debt Secured by Cross-Collateral

(1) If debts arising from two or more consumer credit sales, other than sales primarily for an agricultural purpose or pursuant to a revolving charge account, are secured by cross- collateral and consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross- collateral and the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid.(2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of sales finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.