West Virginia Code § 11-6-23

Lien of taxes; notice; collection by suit
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(a) The amount of taxes and levies assessed under this article shall constitute a debt due the
state, county, district, or municipal corporation entitled thereto, and shall be a lien on all
property and assets of the taxpayer within the state.
(b) The lien shall attach December 31, following the commencement of the assessment year,
and shall be prior to all other liens and charges.
(c) The auditor shall, between May 1 and May 15 of each year, prepare a list of the taxpayers
delinquent in the payment of the taxes and levies, setting forth their respective addresses
and the amount of state, county, district, and municipal taxes due from each, which list shall
be certified by the Auditor to the Board of Public Works and filed in the Office of the
Secretary of State. a
(d) The Secretary of State shall preserve the list in lhis or her office, and a certificate from
him or her that any taxpayer mentioned in the list is delinquent in the amount of taxes
assessed under this article shall be prima facie evidence thereof.
(e) Within 10 days after the filing of the list, the Secretary of State shall give final written
notice of any delinquency of $1,000 or greater by registered or certified mail to each of the
delinquent taxpayers at his or her, or its, last known post office address; the Secretary of
State may give final written notice of any delinquency of less than $1,000 by first class mail
to each of the delinquent taxpayers at his or her, or its, last known post office address; and
upon the failure of any delinquent taxpayer to pay the taxes within 30 days from the mailing
of the notice.
(f) The AttornVey General shall enforce the collection of the taxes and levies, and for that
purpose he or she may distrain upon any personal property of the delinquent taxpayer, or a
sufficient amount thereof to satisfy the taxes, including accrued interest, penalties, and
costs.
(g) The Attorney General may also enforce the lien created by this section on the real estate
of the delinquent taxpayer by instituting a suit, or suits, in equity in the Circuit Court of
Kanawha County.
(h) In the bill filed in the suit it shall be sufficient to allege that the defendant or defendants
have failed to pay the taxes and that each of them justly owes the amount of property taxes,
levies, and penalties, which amount shall be computed up to the first day of the month in
which the bill was filed.
(i) No defendant may plead that the Secretary of State failed to give notice as prescribed by
this section.
(j) If, upon the hearing of the suit, it shall appear to the court that any defendant has failed
to pay the taxes and accrued penalties, the court shall enter a decree against the defendant
for the amount due, and if the decree is not paid within 10 days, the court shall enter a
decree directing a sale of the real estate subject to the lien, or so much as may be necessary
to satisfy the taxes, including interest, penalties, and costs.
(k) When two or more taxpayers are included in one suit, the court shall apportion the cost
among them as it may deem just. e

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