West Virginia Code 38-16-106 – Nonconsensual common law lien defined
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"Nonconsensual common law lien" means a fraudulent lien that is misrepresented as a valid lien because it:
Terms Used In West Virginia Code 38-16-106
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
(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.