2017 West Virginia Code
CHAPTER 38. LIENS.
ARTICLE 16. FRAUDULENT COMMON LAW LIENS.
§38-16-106. Nonconsensual common law lien defined.

Universal Citation: WV Code § 38-16-106 (2017)

"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.

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