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Home » US Law » 2022 West Virginia Code » Chapter 38. Liens » Article 16. Fraudulent Common Law Liens

§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

§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 […]

§38-16-506. 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.