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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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I ha a fraudulent lien taken out my property from a Homeowners

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I ha 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?

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.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

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.