(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as provided by subsection (b), the plaintiff may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with the action.
(b) The fee for service of notice of an action under this section charged to the plaintiff may not exceed:
(1) Twenty dollars if the notice is delivered in person; or
(2) The cost of postage if the service is by registered or certified mail.
(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay.
(d) Since the fee imposed under subsection (a) of this section is less than the filing fee the court imposes for filing other similar actions, if the plaintiff prevails in the action, the court may order a defendant to pay to the court the differences between the fee paid under subsection (a) and the filing fee the court imposes for filing other similar actions.
Structure West Virginia Code
Article 16. Fraudulent Common Law Liens
§38-16-101. Definitions; Application of Definitions
§38-16-102. Court of Competent Jurisdiction Defined
§38-16-103. Federal Government Defined
§38-16-104. Federal Official or Employee Defined
§38-16-106. Nonconsensual Common Law Lien Defined
§38-16-107. Purported Court Defined
§38-16-108. State or Local Official or Employee Defined
§38-16-201. Bonafide Liens Are Not Affected by This Article
§38-16-202. Real Property Common Law Liens Unenforceable; Personal Property Common Law Liens Limited
§38-16-301. Filing or Recording a Claim of Nonconsensual Commonlaw Lien Is of No Force or Effect
§38-16-304. No Duty to Disclose Record of Common Law Lien
§38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien
§38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity
§38-16-401. Notice by Clerk of Fraudulent Lien
§38-16-402. Action on Fraudulent Judgment Lien
§38-16-403. Action on Fraudulent Lien on Property
§38-16-404. Costs and Attorneys' Fees