ENROLLED
Senate Bill No. 605
(By Senators Wooton, Caldwell, Hunter, Redd, Ross, Snyder and Deem)
____________
[Passed April 14, 2001; in effect ninety days from passage.]
_____________
AN ACT 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; providing that secured party must pay
improver upon redemption or other disposition of repossessed
vehicle in certain circumstances; providing certain
limitations in amount improver may recover; providing for
certain disposition of remaining proceeds after disposition of
vehicle by secured party; and expressing that the provisions
will not limit rights under certain insurance recovery.
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 lesser of: (i) The actual cost of
improvements as measured by the cost of inventory and labor; or
(ii) fifteen hundred dollars: Provided, however, That improvements
shall not include nonstock changes in the appearance or performance
of the vehicle: Provided further, That if after satisfaction of any
prior perfected lien, proceeds remain from the sale, redemption or
other disposition of the vehicle by the secured party, such
proceeds shall be used to satisfy any balance remaining on the
improver's lien: And provided further, That nothing herein shall be construed as impairing or affecting the secured party's right to
recover under any insurance policy covering the vehicle.". 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.
Email
Webmaster | © 2024 West Virginia Legislature **
