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WV Code § 14-1-10 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-10. Sale of Real Estate Under Execution -- Terms of Sale

The sale shall be upon six months' credit; and, if the land be not purchased for the state, the officer shall take the note of the purchaser with sureties for the payment of the purchase money to the state. Every such note shall mention on what occasion the same was taken and shall be returned to the office of the court from which the execution issued, and the clerk shall indorse thereon the date of its return. The officer and his sureties shall be liable to the state if insufficient security be taken on such bond.
WV Code § 14-1-11 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-11. Sale of Real Estate Under Execution -- Conveyance

So soon as the purchaser shall pay the purchase money, a deed shall be executed at his costs, reciting the execution, the sale and the price, and conveying the land to him The grantor in such deed may either be the sheriff himself or the deputy or other person who acted in making the sale, but such deputy or other person shall not be such grantor unless the sheriff is legally disqualified from acting. Such deed shall pass to the purchaser all the interest which the party against whom the execution issued had in the land at the date of the judgment or decree.
WV Code § 14-1-12 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-12. Sale of Real Estate Under Execution -- Execution of Deeds in Certain Cases

When the officer and his deputy who acted in making the sale shall both have died or removed out of the state before making such deed, or fail or refuse to act, or if the term of the officer within whose term such sale was made shall have expired, the deed may be executed by any successor of such officer, or by a commissioner appointed by the circuit court of the county for that purpose, which deed shall have the same force and effect as if made by the officer who made the sale.
WV Code § 14-1-13 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-13. Sale of Real Estate Under Execution -- Resale on Default of Purchaser -- Judgment and Execution on Purchaser's Note

When any note taken under section ten of this article shall become due and not be paid, the officer shall sell the real estate for which such note was given, upon such notice as is provided in section eight of this article, and according to the provisions of section nine thereof, for cash, and shall credit the same upon such note. If the proceeds of sale for cash be not sufficient to pay such note so due as aforesaid, the clerk of such court shall enter in the law order book a judgment as near as may be in the form prescribed in section twenty-three, article three, chapter thirty-seven of this code, against such of the obligors therein as may then be alive. Execution may issue against them on such judgment, and such execution may be proceeded under in like manner as an execution issued on any other judgment or decree, in favor of the state, save only that the clerk shall indorse that no security is to be taken, and the officer shall govern himself accordingly and sell for cash any real estate or personal property which he may levy on under the same.
WV Code § 14-1-14 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-14. Sale of Real Estate Under Execution -- Resale on Default of Purchaser -- Judgment Against Personal Representatives

Against the personal representatives of such of the obligors as may have died before judgment was entered under the preceding section, judgment may be obtained by action or motion.
WV Code § 14-1-15 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-15. Sale of Real Estate Under Execution -- Property Unsold for Want of Bidders

When return is made on any execution issued under the provisions of this article, that personal property or real estate remains unsold for want of bidders, or to that effect, the provisions of section eighteen, article four, chapter thirty- eight of this code shall be applicable.
WV Code § 14-1-16 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-16. Sale of Real Estate Under Execution -- Purchase of Lands for State

When land levied on under execution on behalf of the state will not sell for the amount thereof, the Auditor, or such agent as is mentioned in section nineteen of this article, may purchase such land for the state.
WV Code § 14-1-17 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-17. Sale of Real Estate Under Execution -- Return of Execution Where Property Encumbered

In any case in which an officer having an execution issued under the provisions of this article shall decline levying it because of any previous conveyance, execution or encumbrance, a return shall be made setting forth the nature of such conveyance, execution or encumbrance, in whose favor and for what amount, and the office in which the conveyance or encumbrance is recorded, or from which the execution issued.
WV Code § 14-1-18 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-18. Settlement or Dismissal of Claims

The commissioner of finance and administration, Auditor or other officer or official body having authority to collect the same may, with the advice of the Attorney General, adjust and settle upon just and equitable principles without regard to strict legal rules any account or claim, in favor of the state, which may at the time have been standing upon the books of his or its office more than five years; and, with the like advice, may dismiss any proceedings instituted by him or it.
WV Code § 14-1-18a (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-18a. Consignment of Claims to Debt Collector

Any account, claim or debt that an agency of this state is not able to collect within three months after trying with due diligence to do so may be referred to the commissioner of finance and administration for consignment by the commissioner to a responsible licensed and bonded debt collection agency or similar other responsible agent for collection. The commissioner shall not handle or consign any such account, claim or debt unless he is satisfied that the referring agency has made a diligent effort to collect the debt on its own; that the account or claim is justly, properly and clearly due the state; and that the collection of any such debt would not impose an undue, unjust, unfair or unreasonable hardship or burden upon the health or general welfare of the party owing the debt. In any such case of undue, unjust, unfair or unreasonable hardship or burden, the commissioner may, in his discretion, and with the review and approval of the Attorney General, compromise, settle or dismiss the debt or claim. If he is satisfied that the aforesaid terms of and conditions for collectibility have been met, the commissioner may consign the account, claim or debt to a responsible licensed and bonded debt collection agency or similar other responsible agent for collection. In any such case, the collection agency or other agent shall stand in the place of the state as creditor and shall have the same claims, rights and remedies against the debtor as the state has, and the debtor shall have the same rights, claims, defenses and setoffs against the collection agency or other agent as he has against the state.
WV Code § 14-1-18b (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-18b. Regulations Applicable to Debt Collectors

The commissioner of finance and administration shall promulgate rules and regulations for the determination and regulation of responsible licensed and bonded debt collection agencies and other responsible agents for collection. The commissioner shall determine the collection fees to be paid to any such agency or agent, which fees shall be a percentage of the amount of the debt recovered, but the commissioner shall not under any circumstances pay any agency or agent a fee of more than fifty percent of the amount of the debt recovered.
WV Code § 14-1-18c (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-18c. List of Eligible Debt Collectors; Statutory Limitations Applicable to Debt Collectors

The State Tax Commissioner shall establish and maintain a list of debt collection agencies bonded and licensed with the state. When choosing collection agencies under the provisions of sections eighteen-a and eighteen-b of this article, the commissioner of finance and administration shall select and use only those collection agencies on the State Tax Commissioner's list. In collecting debts under sections eighteen-a and eighteen-b of this article, each debt collection agency and agent shall strictly abide by the provisions of (a) sections one hundred twenty-two through one hundred twenty-nine, inclusive, of article two, chapter forty-six-a of this code; (b) sections one through five, inclusive, of article sixteen, chapter forty-seven of this code; and (c) the federal Fair Debt Collection Practices Act, being Public Law 95-109 of the United States Congress. If any debt collection agency or agent violates any provision of the aforesaid laws, the State Tax Commissioner shall remove the agency from his aforesaid list and the commissioner of finance and administration shall immediately stop his employment and use of the agency or agent.
WV Code § 14-1-19 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-19. Appointment of Collection Agents by Auditor

The Auditor, subject to the approval of the commissioner of finance and administration, may appoint agents to superintend the collection of those debts to or claims of the state he is by law responsible for. The Auditor may authorize them to secure payments thereof by installments or otherwise and give further credit in consideration of additional security or indemnity satisfactory to him
WV Code § 14-1-20 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-20. Lands of State List by Clerk

The clerks of the county courts shall transmit to the Auditor a list of all lands in their respective counties obtained by the state, under the provisions of 14-1-16 of this code, and set forth in such list all the information which they can obtain in relation to the lands mentioned therein. For each tract of land or lot so mentioned by any clerk of the county court, he or she shall receive $1 from the Treasury.
WV Code § 14-1-21 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-21. Lands of State Registration by Auditor

(a) The Auditor shall, in a book kept for the purpose, register all lands in the lists described in 14-1-20 of this code, describing when, how, and of whom, they were obtained, their situation, quantity and the title thereto, together with the price paid therefor by the state. (b) The Auditor shall create an index system to reference lands purchased by the state, similar to those created and maintained by the counties of this state. The Auditor shall create a standard naming system to easily cross reference lands purchased by the state in the county indexes. The naming system, at a minimum, must include:(1) The state agency purchasing the lands; and(2) The county or counties where the land is located. (c) The Auditor shall have rule-making authority relating to this index system under 29A-3-1 et seq. of this code. Any deed for state lands purchased after December 31, 2020, shall be recorded pursuant to the provisions of this section.
WV Code § 14-1-22 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-22. Lands of State -- Sale

The Auditor may sell, or appoint an agent to sell, any of such lands on such terms as the Auditor may think best, taking the bond of such agent, with good security, if any money is to come into his hands.
WV Code § 14-1-23 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-23. Lands of State -- Record of Sale

In the book kept under the provisions of section twenty-one of this article, the Auditor shall enter the time when any of the lands are disposed of, the price and terms of sale, the names of the agents and purchasers, and the amount paid into the treasury on account of the sale.
WV Code § 14-1-24 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-24. Compensation of Auditor's Agents for Collection of Debts

For the service rendered to the Auditor by any agent under the pertinent sections of this article, the Auditor shall recommend such compensation as may seem to him reasonable, not exceeding in any case fifty percent of the money actually paid into the treasury. The Governor shall authorize the payment of what may be so recommended or so much thereof as in his judgment may be proper.
WV Code § 14-1-25 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-25. Execution of Deeds in Certain Cases

Any agent selling land under the provisions of section twenty-two of this article shall, when directed, execute a deed, with the written direction of the Auditor thereto annexed conveying to the purchaser all the interest which the state may have in such land; and, where such sale is made by the Auditor in person, such deed shall be made by him
WV Code § 14-1-26 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-26. Reports to Legislature

The commissioner of finance and administration and the Auditor shall biennially report to the Legislature their proceedings under this article, setting forth particularly all the agents appointed by them, and the agents' compensation, all debts collected and property purchased by them, and all arrangements made with public debtors.
WV Code § 14-1-27 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-27. Debts Due State From Sheriffs or Other Officers -- Sale

The Auditor may, with the advice and consent of the Attorney General, whenever any claim or account of any kind, against a sheriff or other officer has been due for more than seven years, and the same is for any reason difficult or expensive to collect, certify a transcript of such claim or accounts to the sheriff of the county in which the officer, from whom the same is due, resided at the time his indebtedness to the state was incurred, and may authorize such sheriff to sell the same as hereinafter directed: Provided, That any claim or account, upon which judgment has been obtained and execution has been returned unsatisfied, may be sold after the expiration of five years from the time such claim or account was due, either in whole or in part as shown by the Auditor's book.
WV Code § 14-1-28 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-28. Debts Due State From Sheriffs or Other Officers -- Notice of Sale

The sheriff, after having received a transcript of the account which is to be sold, shall give notice by publication as a Class III-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within the twenty-one consecutive days next preceding the date of sale. The notice shall state that he will proceed to sell to the highest bidder the claims or accounts mentioned in such notice. Such notice shall show the name of the sheriff or other officer and his sureties, in case there is evidence of his having executed a bond, the year or years for which he was indebted to the state, upon what account such indebtedness exists, and the amount shown to be due thereon by the Auditor's books, exclusive of interest, as well as the amount appearing to be due, with interest calculated to the day of sale.
WV Code § 14-1-29 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-29. Debts Due State From Sheriffs or Other Officers -- Mode and Terms of Sale

The sheriff to whom such claim or account is certified under the provisions of this article shall on the first day of the term of the circuit court of his county succeeding the publication of such notice, make sale of such claim or account to the highest bidder, and, in case the amount bid therefor be less than $100, he shall require the payment thereof in cash; and if the amount bid therefor be more than $100, he shall require one third thereof to be paid in cash, and shall receive the notes of the purchaser for the residue in two equal installments, payable respectively in six and twelve months, with legal interest thereon until paid. Such notes shall have the names of at least two persons signed thereto as sureties, whom the prosecuting attorney of the county, by indorsement on the back of such notes, shall certify are in his opinion responsible and solvent.
WV Code § 14-1-30 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-30. Debts Due State From Sheriffs or Other Officers -- Return of Sale; Exceptions to Sale; Resale

Within ten days after making such sale, the sheriff shall return and file in the clerk's office of the circuit court of his county a report showing the name of the officer against whom the claim is, the date of sale, the date and character of the claim sold, the name of the purchaser, the amount for which sold, including cash and notes, and, in cases where notes are taken, the names of the securities thereon. Immediately after such report is filed in the clerk's office as aforesaid, the clerk shall post a notice of that fact at the front door of the courthouse and shall state therein that exceptions may be filed to such report with the clerk of the circuit court. If, before the first day of the term of the circuit court beginning after the filing of such report, any person shall file exceptions thereto and such exceptions shall be accompanied by a bond with two or more good securities, conditioned that if a resale be ordered the person who files such exceptions will at the second sale give for the claim or account a sum ten per cent greater than the amount for which it first sold and will pay all the cost of advertising and making resale, then the court may in its discretion set such sale aside and order the sheriff to make another sale, upon such terms as the court may deem proper.
WV Code § 14-1-31 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-31. Debts Due State From Sheriffs or Other Officers -- Confirmation of Sale; Certification to Auditor

In cases where no exceptions are filed to the report, the court shall confirm the sale, and within twenty days after such confirmation the clerk of the court shall certify to the Auditor a copy of such report and the order of confirmation.
WV Code § 14-1-32 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-32. Debts Due State From Sheriffs or Other Officers -- Sending Purchase Money and Notes for Debts to Auditor; Collection of Notes

Within thirty days after the confirmation of said report, the sheriff shall transmit to the Auditor a certificate of deposit for the amount received by him in cash, and also any notes which may have been executed for the balance of purchase money, and in case of the failure of persons who execute such notes to pay the same when due, it shall be the duty of the Auditor to proceed to enforce the collection thereof, in the same manner that other claims due the state are recovered.
WV Code § 14-1-33 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-33. Debts Due State From Sheriffs or Other Officers -- Rights of Purchaser of Such Debts

The purchaser of any accounts or claims so sold under the provisions of this article shall have the same right to recover that the state now has, and shall be substituted to all the rights of the state concerning the same. But in case there be any error in any account or claim sold under this article, or it shall appear that the officer, against whom the claim is, is entitled to credits which do not appear upon the account or claim, the purchaser shall not be allowed any claim against the state by reason thereof.
WV Code § 14-1-34 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-34. Commissions to Sheriff; Payment of Publication Costs

The sheriff, for performing the duties required of him by this article, shall be allowed five per cent on the first $100 and two per cent on the residue, which commission shall be deducted from the purchase money and the balance credited on the debt due the state. The costs of publishing notice in a newspaper shall be paid out of the proceeds of such sale.
WV Code § 14-1-35 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-35. Transfer by Defaulting Officer or Surety

In any proceeding had under the provisions of this article against sheriffs or collectors and their sureties, or any, or either of them, for money due the state, any transfer, assignment or alienation of property, real or personal, or any judgment or decree obtained against or suffered by such sheriff or collector and their sureties or either of them after service upon them, respectively, of summons or notice shall be deemed fraudulent or void as to any judgment that may be thereafter rendered in favor of the state in pursuance of such summons or notice. But this section shall not apply to a bona fide purchaser of any such property, without notice.
WV Code § 14-1-36 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1. Claims Due the State|§14-1-36. Settlement With Sureties

Whenever it shall appear to the satisfaction of the Auditor that the sureties of a defaulting assessor or sheriff will be compelled to pay the indebtedness of such defaulting officer, he may, with the advice and consent of the Attorney General, settle with such sureties by receiving the amount of the principal with interest thereon at the rate of six per cent per annum: Provided, That the sureties will pay the amount into the treasury before suit is brought.
WV Code § 14-1A-1 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1A. Debt Resolution Services|§14-1A-1. Purpose

The purpose of this article is to provide for a timely and efficient mechanism for the offset of delinquent debt owed the state from payments made by the state.