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