§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 […]
§38-16-107. 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 […]
§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 […]