§38-16-303. Claim of Lien Against a Federal Official or Employee or a State or Local Official or Employee; Performance of Duties; Validity; No Duty to Accept Filing; Notice of Invalid Lien
(a) Any claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties is invalid unless it arises from a specific order of a court of competent jurisdiction authorizing the filing of the lien or […]
§38-16-304. No Duty to Disclose Record of Common Law Lien
No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien. This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court of competent […]
§38-16-101. Definitions; Application of Definitions
§38-16-101. Definitions; application of definitions. For the purposes of this article, the words and phrases defined in the following sections of this part I, and any variation of those words and phrases required by the context, have the meanings ascribed to them in this part I. These definitions are applicable unless a different meaning clearly […]
§38-16-102. Court of Competent Jurisdiction Defined
"Court of competent jurisdiction" means a circuit court, magistrate court or administrative agency within this state or a court or administrative agency of another state, or a court or administrative agency of the federal government having jurisdiction and due legal authority to establish a charge against or an interest in real or personal property by […]
§38-16-103. Federal Government Defined
"Federal government" means the government of the United States of America and includes the executive, legislative and judicial branches; and the term also includes quasi-public corporations and independent commissions or authorities primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.
§38-16-104. Federal Official or Employee Defined
"Federal official or employee" means an officer or employee of the federal government temporarily or permanently in the service of the United States, members of the military or naval forces of the United States, members of the National Guard, and persons acting on behalf of the United States in an official capacity, whether with or […]
§38-16-105. Lien Defined
"Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.
§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;