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Home » US Law » 2022 West Virginia Code » Chapter 38. Liens » Article 16. Fraudulent Common Law Liens » §38-16-302. No Duty to Accept Filing of Purported Common Law Lien; No Duty to Reject Filing of Purported Common Law Lien

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.