Thank you for your question. Please permit me to assist you with your concerns.What it sounds like you may need to file a petition for summary judgment, essentially requesting a formal dismissal 'with prejudice' with the judge. A summary judgment is a request to rule in your favor based on the fact that the other party has failed to state a legitimate claim, as they have no basis for the lien or the ability to collect it. A request for a dismissal 'with prejudice' means that once this is ruled upon in your favor, they would no longer be able to bring up this same cause of action again, either in this courtroom or in any other. There are two types of general dismissal, 'with prejudice' and 'without prejudice'. The latter would allow the other party to refile later, but the former would not, which is exactly what you want the judge to grant you and keep the HOA from hassling you over this fraudulent lien.Good luck.
can I file this petition in the state of Tn and would the court have the form to file this motion
Thank you for your follow-up, Larry.There is no form for this petition, you would need to create a formal motion based on templates that you would be able to obtain from your local county library. The state of Tennessee does have such a vehicle available for filing with the courts, this is a motion that exists in your local jurisdiction.Good luck.
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