Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.
Detailed Answer
Locating and identifying assets held in different counties or states requires systematic research across public records, government databases, and, where necessary, formal discovery tools under West Virginia law.
1. Real Property Records
West Virginia does not maintain a centralized real property database. Search each county’s Clerk of the County Commission or Register of Deeds office. Many counties offer online land record searches. Look for:
- Deed transfers and mortgages
- Plat maps and surveys
- Property tax assessments
Relevant statute: West Virginia Code § 59-1-2 (instrument recording requirements): https://code.wvlegislature.gov/59-1-2/.
2. UCC Financing Statements and Personal Property
Personal property used as collateral—vehicles, equipment, fixtures—often appears in Uniform Commercial Code filings. Search the central UCC index maintained by the West Virginia Secretary of State:
- Financing statements (Form UCC-1)
- Amendments and terminations (Forms UCC-3, UCC-5)
Relevant statute: West Virginia Code § 46-9-501 (filing and indexing): https://code.wvlegislature.gov/46-9-501/.
3. Vehicle Titles
Check the West Virginia Division of Motor Vehicles (DMV) for vehicle registrations and title transfers. You may need a subpoena for detailed owner information if not publicly available.
4. Business Entities and Ownership Interests
Search the West Virginia Secretary of State’s Business and Licensing Division for corporate filings, limited liability company (LLC) records, and trade names. These records list officers, managers, and registered agents.
5. Financial Accounts and Unclaimed Property
Unclaimed bank accounts, dormant safe deposit boxes, and other intangible assets may end up with the State Treasurer. Search the Unclaimed Property database:
- West Virginia Unclaimed Property: https://www.wvtreasury.com/unclaimed_property
Relevant statute: West Virginia Code § 36-8-10 (duty to report and deliver unclaimed property): https://code.wvlegislature.gov/36-8-10/.
6. Formal Discovery Tools
If public records do not reveal all assets, use West Virginia Rules of Civil Procedure:
- Rule 26: Initial disclosures and scope of discovery
- Rule 34: Requests for production of documents and tangible things
- Rule 45: Subpoenas commanding appearance or production
These rules allow you to compel parties or third parties to disclose asset information during litigation or pre-filing investigation.
Helpful Hints
- Start with the most recent residence or business address when searching county records.
- Categorize assets by type: real property, vehicles, business interests, bank accounts, and unclaimed property.
- Use online search tools provided by the West Virginia Secretary of State and county websites to save time.
- Consider professional asset search firms or private investigators for complex cases spanning multiple states.
- Maintain detailed notes of each search, including dates, fees, and contact information for record custodians.
- When in doubt, consult an attorney to ensure compliance with procedural rules and privacy laws.