2011 West Virginia Code
CHAPTER 38. LIENS.
ARTICLE 16. FRAUDULENT COMMON LAW LIENS.
§38-16-505. Plaintiff's costs.
(a) The court shall award the plaintiff the costs of bringing the action if:
(1) The plaintiff prevails; and
(2) The court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent.
(b) For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.
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