§38-16-505. Plaintiff's Costs
(a) The court shall award the plaintiff the costs of bringing the action if: (1) The plaintiff prevails; and
§38-16-506. Effect on Other Law
This part 5 is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.
§38-16-401. Notice by Clerk of Fraudulent Lien
§38-16-401. Notice by clerk of fraudulent lien. (a) If a clerk of the county commission has a reasonable basis to believe in good faith that a document or instrument purporting to evidence an invalid nonconsensual common law lien has been filed or recorded or offered for filing or recording, the clerk shall provide a written […]
§38-16-402. Action on Fraudulent Judgment Lien
(a) A person against whom a purported judgment was rendered who has reason to believe that a document previously filed or recorded or submitted for filing or for filing and recording is fraudulent may complete and file with the clerk of the circuit court a motion, verified by affidavit, that contains, at a minimum, the […]
§38-16-403. Action on Fraudulent Lien on Property
(a) A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property, and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or […]
§38-16-404. Costs and Attorneys' Fees
If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an […]
§38-16-405. Warning Sign
A clerk of the county commission shall post a sign, in letters at least one inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk.
§38-16-406. Documents Filed With Secretary of State
(a) If the lien or other claim that is the subject of judicial findings of fact and conclusions of law authorized by this article is one that is authorized by law to be filed with the Secretary of State, any person may file a certified copy of the judicial findings of fact and conclusions of […]
§38-16-501. Liability
§38-16-501. Liability. (a) A person may not make, present, or use a document or other record with: (1) Knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;
§38-16-502. Cause of Action
The following persons may bring an action to enjoin violation of this article or to recover damages under this article: (1) In the case of a fraudulent judgment lien, the person against whom the judgment is rendered; and