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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 38-16-302: No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.

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

A clerk of a county commission or other person has no duty to accept for filing or recording any purported claim of a common law lien, because a common law lien is neither authorized by statute nor imposed by a court of competent jurisdiction. A clerk of a county commission or other person has no duty to reject for filing or recording any claim of a common law lien, and the inadvertent or negligent recordation of a claim of a common law lien by a clerk of a county commission or other recorder does not create a cause of action against that official.

Collected 2026-09-06T00:29:20Z. Source file · JSON

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