ENGROSSED
Senate Bill No. 605
(By Senators Wooton, Caldwell, Hunter, Redd, Ross, Snyder and
Deem)
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[Originating in the Committee on the Judiciary;
reported March 26, 2001.]
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A BILL to amend and reenact section three, article eleven, chapter
thirty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to improver's liens
on motor vehicles; and providing that secured party must pay
improver upon redemption or other disposition of repossessed
vehicle.
Be it enacted by the Legislature of West Virginia:
That section three, article eleven, chapter thirty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. MISCELLANEOUS LIENS AND PLEDGES.
§38-11-3. Improver's, storer's or transporter's lien on personal
property and animals.
A person who, while in possession thereof, makes, alters,
repairs, stores, transports or in any way enhances the value of an
article of personal property, or boards, pastures, feeds, trains, improves or transports any animal shall have a lien upon such
article or animal while lawfully in the possession thereof, for the
charges agreed upon, or, if no charges be agreed upon, then for his
just and reasonable charges for the work done or the board or
storage or transportation furnished, to the extent and in the
manner provided for in section fourteen of this article, and may
retain possession thereof until such charges are paid. Such lien
shall be good against the person who deposited the property with
the lienor and against any other person by whose authority or with
whose consent the property was deposited
: Provided, That,
notwithstanding the provisions of this section and section two of
this article, if a person possessing an improver's lien on a motor
vehicle releases that vehicle to a secured party taking possession
after default, the secured party shall, upon
redemption of the
vehicle
by the debtor or resale or other disposition by the secured
party, pay to the improver the actual cost of improvements as
measured by the cost of inventory and labor. If two or more
articles of personal property are made, altered, repaired, stored,
transported or enhanced in value as aforesaid, or two or more
animals are boarded, pastured, fed, trained, improved or
transported as aforesaid, under one contract or agreement, any one
or more of such articles or animals may be held under the lien,
hereinbefore mentioned, for all of the charges upon all such
articles included in such contract or agreement.
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(NOTE: The purpose of this bill is to ensure the vehicle repairers are paid when the vehicle is repossessed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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