Any person who submits for filing or recording to the office of a filing officer any document purporting to create a nonconsensual common -law lien against real or personal property is liable to the person against whom the lien is claimed for actual damages or one thousand dollars, whichever is greater, plus costs and reasonable attorney's fees. These damages and costs may be awarded in any action brought under section 35 -35-04 or 35 -35-05 or in a separate action for damages.
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