West Virginia Code 38-16-505 – Plaintiff’s costs
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(a) The court shall award the plaintiff the costs of bringing the action if:
Terms Used In West Virginia Code 38-16-505
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) The plaintiff prevails; and
(2) The court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent.
(b) For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.