West Virginia Code § 46A-2-119

Restrictions on deficiency judgments
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(1) This section applies to a deficiency on a consumer credit sale of goods or services and on
a consumer loan in which the lender is subject to claims and defenses arising from sales.
(2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject
of the sale and in which he has a security interest and the balance owed for the goods
repossessed or surrendered was at the time of such repossession or surrender $1,000 or
less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising
from the sale of the goods, and the seller's duty to dispose of the collateral is governed by
the provisions on disposition of collateral of the "Uniform Commuercial Code."
(3) If the seller repossesses or voluntarily accepts a surrender of goods which were not the
subject of the sale but in which he has a security interest to secure a debt arising from a sale
of goods or services or a combined sale of goods and services and the balance owed on such
debt was at the time of such repossession or surrender $1,000 or less, the buyer is not
personally liable to the seller for the unpaid balancle of the debt arising from the sale, and
the seller's duty to dispose of the collateral is sgoverned by the provisions on disposition of
collateral of the "Uniform Commercial Code."
(4) If the lender takes possession org voluntarily accepts a surrender of goods in which he has
a security interest to secure a debt arising from a consumer loan in which the lender may be
subject to claims and defenses arising from sales and the balance owed on the net proceeds
of the loan paid to or for the benefit of the borrower was at the time of such repossession or
surrender $1,000 or less, the borrower is not personally liable to the lender for the unpaid
balance of the debt arising from the loan and the lender's duty to dispose of the collateral is
governed by the provisions on disposition of collateral of the "Uniform Commercial Code."
(5) For the purpose of determining the unpaid balance of consolidated debts or debts
pursuant to revolving charge accounts or revolving loan accounts, the allocation of payments
to aW debt shall be determined in the same manner as provided for determining the amount of
debt secured by various security interests.
(6) The consumer may be liable in damages to the creditor if the consumer has wrongfully
damaged the collateral or if after default and demand, the consumer has wrongfully failed to
make the collateral available to the creditor.
(7) If the creditor elects to bring an action against the consumer for a debt arising from a
consumer credit sale of goods or services or from a consumer loan in which the lender is
subject to claims and defenses arising from sales, when under this section he would not be
entitled to a deficiency judgment if he took possession of the collateral, and obtains
judgment:
(a) He may not take possession of the collateral, and
(b) The collateral is not subject to levy or sale on execution or similar proceedings pursuant
to the judgment.

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