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§ 38-16-302 — West Virginia Law | CourtGPT
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  2. Laws/
  3. West Virginia/
  4. Chapter 38 - Liens/
  5. Article 16 - Fraudulent Common Law Liens§38-16-101. Definitions; Application of Definitions/
  6. § 38-16-302
West Virginia Legal Code

§ 38-16-302

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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 duty to reject for filing or recording any claim of a common law lien, and the inadvertent or negligent recordation of a claim of a common law lien by a clerk of a county commission or other recorder does not create a cause of action against that official.