West Virginia Statutes
§ 38-16-106 — Nonconsensual common law lien defined
West Virginia § 38-16-106
This text of West Virginia § 38-16-106 (Nonconsensual common law lien defined) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 38-16-106 (2026).
Text
"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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Legislative History
1999 Reg. Sess., SB608
Nearby Sections
15
§ 38-1-1
Vendor's lien; its enforcement§ 38-1-17
Personal property after foreclosure; notice and access to recover personal property; abandonment§ 38-1-1a
Deeds of trust conveying real and/or personal property; limitations on application of article§ 38-1-3
Sales under trust deeds§ 38-1-4
Notice of sale§ 38-1-5
Terms of saleCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 38-16-106, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/38/38-16-106.