(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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.