West Virginia Code § 38-12-10

Action on refusal of lienholder to execute release
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In case of the failure of the party holding such lien to furnish and execute an apt and proper
release upon request of the party entitled thereto as required by section one of this article,
the circuit court having jurisdiction may, on motion, after reasonable notice to the party so
failing, and if no good cause be shown against it, direct the clerk of the county commission
to execute such release, and it shall thereupon have the effect of releases exeecuted under
section one of this article. The proceedings shall be at the cost of the lienholder who so
refuses without good cause and the court shall also award reasonable arttorney fees and
court costs to the person entitled to such release if such person be the prevailing party.

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