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WEST VIRGINIA STATUTES AND CODES

§38-16-106 Nonconsensual common law lien defined.

§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;

(2) Does not derive its existence from the consent of the owner of the affected property; and

(3) Is not an equitable lien or other lien imposed by a court of competent jurisdiction.

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