West Virginia Code § 38-16-303

Claim of lien against a federal official or employee or a state or local
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official or employee; performance of duties; validity; no duty to accept filing; notice
of invalid lien.
(a) Any claim of lien against a federal official or employee or a state or local official or
employee that is based on the performance or nonperformance of that official's or
employee's duties is invalid unless it arises from a specific order of a court oef competent
jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing
of the lien. r
(b) A person is not obligated to accept for filing any purported cluaim of lien against a federal
official or employee or a state or local official or employee that is based on the performance
or nonperformance of that official's or employee's duties unltess the claim is accompanied by
a specific order from a court of competent jurisdiction authorizing the filing of such lien or
unless a specific statute authorizes the filing of such lien. A person has no duty to reject for
filing or recording any claim of lien against a federal official or employee or a state or local
official or employee that is based on the performance or nonperformance of that official's or
employee's duties, and the inadvertent or negsligent recordation of such a claim by a clerk of
a county commission or other recorder does not create a cause of action against that official.
(c) If a claim of lien as described in sgubsection (a) of this section has been accepted for
filing, the recording officer shall accept for filing a notice of invalid lien signed and
submitted by the assistant Unieted States attorney or other counsel representing the federal
agency of which the individual is an official or employee; the assistant Attorney General or
other counsel representLing the state agency, board, commission, department, or institution
of higher education of which the individual is an official or employee; or the prosecuting
attorney or municipal attorney or other counsel representing the school district, political
subdivision, or unit of local government of this state of which the individual is an official or
employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person
who filed the claim of lien, at his or her last known address. The clerk of the county
comWmission shall file and index the notice of invalid lien in the same class of records in
which the purported claim of lien was originally filed.

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