West Virginia Code Chapter 38. Liens § 38-16-501. Liability
Current as of January 01, 2020 | Updated by FindLaw Staff
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(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;
(2) Intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and
(3) Intent to cause another person to suffer:
(A) Physical injury;
(B) Financial injury; or
(C) Mental anguish or emotional distress.
(b) A person who violates Subsection (a) is liable to each injured person for:
(1) The greater of:
(A) $10,000; or
(B) The actual damages caused by the violation;
(2) Court costs;
(3) Reasonable attorney's fees; and
(4) Exemplary damages in an amount determined by the court.
Cite this article: FindLaw.com - West Virginia Code Chapter 38. Liens § 38-16-501. Liability - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-38-liens/wv-code-sect-38-16-501.html
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