W. Va. Code § 38-16-106

Current through 2024 First Special Session

Section 38-16-106 - Nonconsensual common law lien defined

"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.

W. Va. Code § 38-16-106