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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer Question You gave me legal advice a month

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Customer Question



You gave me legal advice a month ago (please see our communications below). I went to court twice. The judge refused to do a summary dismissal. But, he will hear my motion to squash the subpoena for me to bring records to court for the court to determine my financial wherewithal to pay the lien. My position is the court should not compel me to pay the lien as it was obtained fraudently: the Condominium association did not exist legally during the period that they assessed dues as well as when they filed a lien on my property. I need advice to make my case

I had a fraudulent lien taken out my property from a Homeowners Assocation (HOA) that lost it's charter with the State of TN to do business. It has been ruled by a general sessions court that they can not collect dues for the period that they do have a charter.

The attorney who lost this case on the behalf of the HOA subpeoaned me to court today to compel the court make be pay the lien. I informed the General Sessions judge hearing the case today that in the same building, that months earlier a Gen Sessions Judge ruled that the HOA could not asess or collect dues for the period that it was unchartered which was also in the same period in which they sued me for dues. So a precedent was set.

The General Sessions Judge ( a different judge ) gave me 2 weeks to file a motion and be back in court. What should I file? An injunction seems like it would put this matter to rest as it seems like the lawyer will try to keep refiling the case each time in a difernt Gen. Sessions court. Should I file a motion that the case be moved back to the judge that gave the favorable ruling?



Optional Information:
Country relating to Question: United States
State (if USA): Tennessee
What have you tried so far?: Hired a lawyer that barely represented me. She told the judge about a case that was pending about whether The HOA could legally try to collect dues. So, the judge deferred making aruling. When the ruling came out, we thoght that the HOA was going to drop the suit. But, 10 months later they ignoring the ruling and trying to force me to the amount of the lien. I know I can't have the lien removed, but they legally should not be able to make me pay the amount of the lien.




Submitted: 33 days and 8 hours ago.
Thank you for your post and thank you kindly for requesting me to assist you this evening.

Please be aware, however, that I am not able to provide you with 'legal advice'. All I can provide, and have provided you in the past, is 'legal information'. As I am not your attorney, I cannot act as such and give you direct advice. I just wish to make that clear so that there are no miscommuncations between us. Please confirm so I can continue answering your questions, thank you!
Customer: replied 3 years ago.


Okay, I understand that you are giving just information.

Larry,

Thank you for your follow-up. It appears that the next step is to file a motion for a permanent injunction and a request that the other party can no longer forum shop and refile the same petition over and over from one court to the next. A permanent injunction, if granted, would act as a means of permanently denying the ability to the other party from bringing that claim up again, and more importantly, enforcing it against you. The secondary request pertaining to a a limit on refiling would act similarly to a dismissal with prejudice since it would stop the other party from attempting to find the means of making you pay on what is defined as an invalid debt.

Good luck.

Customer: replied 3 years ago.


Thank you for the info. But, I need to deal with the supeona first which is tomorrow. What could I argue tomorrow relative to squashing the supeona?

Thank you for your follow-up, Larry. My apologies on the delay, I was offline.

The best argument here is to introduce evidence that this organization did not lawfully exist and that they as a consequence could not file for a subpoena. The organization in question has no basis or standing to appear in court, which means that they consequently cannot seek a subpoena as they do not formally exist.

Hope that helps.

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