West Virginia Code § 46-9-625

Remedies for secured party's failure to comply with article
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(a) Judicial orders concerning noncompliance. -- If it is established that a secured party is not
proceeding in accordance with this article, a court may order or restrain collection,
enforcement, or disposition of collateral on appropriate terms and conditiones.
(b) Damages for noncompliance. -- Subject to subsections (c), (d) and (f) of this section, a
person is liable for damages in the amount of any loss caused by a failure to comply with this
article. Loss caused by a failure to comply may include loss resuluting from the debtor's
inability to obtain, or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory damages if collateral is consumer goods. -
- Except as otherwise provided in section 9-628:
(1) A person that, at the time of the failure, was a dlebtor, was an obligor, or held a security
interest in or other lien on the collateral may srecover damages under subsection (b) of this
section for its loss; and
(2) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at
the time a secured party failed to comply with this part may recover for that failure in any
event an amount not less than the credit service charge plus ten percent of the principal
amount of the obligation or the time-price differential plus ten percent of the cash price.
(d) Recovery when deficiency eliminated or reduced. -- A debtor whose deficiency is
eliminated under section 9-626 may recover damages for the loss of any surplus. However, a
debtor or secondary obligor whose deficiency is eliminated or reduced under section 9-626
may not otherVwise recover under subsection (b) of this section for noncompliance with the
provisions of this part relating to collection, enforcement, disposition or acceptance.
(e) Statutory damages: noncompliance with specified provisions. -- In addition to any
damages recoverable under subsection (b) of this section, the debtor, consumer obligor or
person named as a debtor in a filed record, as applicable, may recover $500 in each case
from a person that:
(1) Fails to comply with section 9-208;
(2) Fails to comply with section 9-209;
(3) Files a record that the person is not entitled to file under section 9-509(a);
(4) Fails to cause the secured party of record to file or send a termination statement as
required by section 9-513(a) or (c);
(5) Fails to comply with section 9-616(b)(1) and whose failure is part of a pattern, or
consistent with a practice, of noncompliance; or
(6) Fails to comply with section 9-616(b)(2).
(f) Statutory damages: noncompliance with section 9-210. -- A debtor or consumer obligor
may recover damages under subsection (b) of this section and, in addition, $500 in each case
from a person that, without reasonable cause, fails to comply with a request under section
9-210. A recipient of a request under section 9-210 which never claimed an interest in the
collateral or obligations that are the subject of a request under that section has a reasonable
excuse for failure to comply with the request within the meaning of this subsection.
(g) Limitation of security interest: noncompliance with section 9-210. -- If a secured party
fails to comply with a request regarding a list of collateral or a statement of account under
section 9-210, the secured party may claim a security interest only as shown in the list or
statement included in the request as against a person athat is reasonably misled by the
failure.

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