West Virginia Code § 14-2B-8

Priorities of claims to moneys in escrow account
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(a) The court, in ordering relief pursuant to this article, shall distribute the moneys in the
escrow account and moneys which may later be payable under the contract, in the following
priority:
(1) Payments authorized by the court for the exclusive purpose of retaining legal
representation at any stage of the criminal proceedings against such defendant;
(2) Reasonable attorneys fees and expenses incurred by the prosecutor in bringing the
interpleader action; u
(3) Civil judgments of the victims of the crime, judgments awarded to any crime victim
pursuant to the interpleader action authorized by this article and subrogation claims of the
crime victim's compensation fund; a
(4) Unpaid criminal fines owed to the state by the dlefendant as a result of the defendant's
conviction for any crime;
(5) Expenses incurred by any other instrumentality of the state or political subdivision
thereof as a result of the commission of the crime, including, without limitation, any county
or regional jail or penitentiary in which the defendant was incarcerated: Provided, That for
the purposes of this subdivision, the term "instrumentality of the state or political
subdivision thereof" shall not include the crime victim's compensation fund; and
(6) The defendant.
(b) No payment shall be made out of the escrow account where such payment would be in
derogation of claims, either presented or pending, entitled to a higher priority under this
subdivision. If insufficient moneys exist to pay all claims entitled to equal priority, the court
shall equitably allot such moneys as are available among the several claimants.
Notwithstanding any provision in this article to the contrary, when the court considers other
civil judgments rendered against the defendant for any crime victim for the purposes of
equitably allotting moneys, the court shall review such judgment and shall consider for
allotment only that portion of the civil judgment which relates to the crime which produced
the crime profits.
(c) Moneys in the escrow account shall not be subject to execution, levy, attachment or lien
except in accordance with the priority of claims established in this subdivision.

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