Legal Question in Civil Litigation in West Virginia
Mechanic's lien voided by court trial
We were defendants of a mechanic's lien and went to trial and prevailed with jury awarding us punitive damages. After a year has gone by, plaintiff refused to remove lien. We filed a motion and judge ordered plaintiff to remove lien.
Plaintiff is suing us again for another frivolous claim. Do we have any stand against plaintiff not removing a lien that was found by a jury of 12 to be false and not removing said lien off the books? Is there any statute or rule to remove liens found false?
1 Answer from Attorneys
Re: Mechanic's lien voided by court trial
Sounds like contempt of court. Look at the order in the first case. Also sounds like slander of title for not removing the lien, this is an additional tort. Finally, if there are multiple suits, there could be a cause of action for Abuse of Process or for Malicious Prosecution, both torts in their own right. Your lawyer should be able to advance such causes of action or refer you to a lawyer who can and will evaluate and prosecute.
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