West Virginia § 38-16-302 No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien

West Virginia Statutes

§ 38-16-302 — No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien

West Virginia § 38-16-302

Ch. 38LIENS

Art. 16FRAUDULENT COMMON LAW LIENS

This text of West Virginia § 38-16-302 (No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien) 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 § 38-16-302 (2026).

Text

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.

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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.