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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 § 38-16-302: 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.
  3. PART III. PROVISIONS GOVERNING THE FILING OF CLAIMS OF 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 2026-10-18T05:03:26Z. Source file · JSON

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