§38-16-503. Venue
An action under this part 5 may be brought in any circuit court in the county in which the recorded document is recorded or in which the real property is located.
§38-16-504. Filing Fees
(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as provided by subsection (b), the plaintiff may not be assessed any other fee, cost, charge, or expense by the clerk of the court […]
§38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien
A clerk of the county commission or other person is not liable for the acceptance for filing of an invalid claim of a nonconsensual common law lien, nor for the acceptance for filing of a notice of invalid lien. A clerk of the county commission or other person is not liable for damages arising from […]
§38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity
(a) An attorney, title insurance company or other title examiner does not have a duty to disclose a fraudulent court record, document, or instrument purporting to create a nonconsensual common law lien asserting a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of […]
§38-16-107. Purported Court Defined
"Purported court" means a so-called common law court or other purported court or purported judicial entity that is not expressly created or established under the Constitution or the laws of this state or of the United States.
§38-16-108. State or Local Official or Employee Defined
"State or local official or employee" means a person, whether appointed or elected, providing services to a branch of state government or to a political subdivision of this state, whether with or without compensation.
§38-16-201. Bonafide Liens Are Not Affected by This Article
§38-16-201. Bonafide liens are not affected by this article. Regardless of whether such liens may also be considered to be common law liens, nothing in this article is intended to affect: (1) Statutory liens arising under an enactment of the Legislature;
§38-16-202. Real Property Common Law Liens Unenforceable; Personal Property Common Law Liens Limited
(a) A common law lien against real property is invalid and is not recognized or enforceable in this state. (b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have: (1) Actual possession, lawfully acquired, of […]
§38-16-301. Filing or Recording a Claim of Nonconsensual Commonlaw Lien Is of No Force or Effect
§38-16-301. Filing or recording a claim of nonconsensual commonlaw lien is of no force or effect. A nonconsensual common law lien is invalid and does not constitute a charge against property or create an interest in property. The filing or recording of a document that purports to evidence a nonconsensual common law lien is a […]
§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 […]