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West Virginia · Through as of 2026-10-13; contains at least the enactments of the 2026 Regular Session (newest effective date 2027-07-01)

W. Va. Code § 38-16-106: Nonconsensual common law lien defined.

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Where this section sits in the code
  1. CHAPTER 38. LIENS.
  2. ARTICLE 16. FRAUDULENT COMMON LAW LIENS.
  3. PART I. DEFINITIONS.

"Nonconsensual common law lien" means a fraudulent lien that is misrepresented as a valid lien because it:

(1) Is not provided for by a specific statute;

(2) Does not derive its existence from the consent of the owner of the affected property; and

(3) Is not an equitable lien or other lien imposed by a court of competent jurisdiction.

Collected 2026-10-18T05:03:26Z. Source file · JSON

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