Chancery or Law... and some questions.

[ThisIsSilly]

What is the name of your state (only U.S. law)? NJ

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A condo association files a lien against a unit owner for Maint. Fees, Late Fees & Counsel Fees. Owner has all canceled checks since the date unit was purchased showing all maint. fees and special assessments have been paid.

Removal of Lien is what is sought. (Recoup of costs (legal, filing, mailing, etc., if possible?)) Is Superior Court, Civil, Chancery Division, General Equity the proper court to bring this to? Or can this still go to Law Div?

If General Equity is correct, is the proper initial item to file a: Notice of Motion (including, Certification in Support of Motion as well as a Civil Action Order? (Would the same hold true if Law Div. is used?) or, Do I file a Complaint?
(I was under the impression that a Motion can only be filed AFTER there is a case pending (?))

Lastly, Is a Motion or Complaint filed with Chancery the same form as one filed with Law (the actual form), with the difference being where they are filed? (And the "LAW DIVISION" on the top right of the form?)

I am getting conflicting information and hope to clear things up here... First I was told Chancery and File an Order to Show Cause, then I was told to file a Complaint, others have said that since it is for such a small amount and I have all the records, etc., that Small Claims may hear it...

The total amount of the lien is under $2000.

I've literally spent hours and hours reading procedural information on the NJ Judiciary site, and need a step in the right direction.

Thank yoU!

 

[Rexlan]

Seems odd that the association would not release the lien. I assume you have asked that simple question and also advised them that you will contact an attorney if it is not taken care of, with proof of the same, within 5 business days. A simple certified letter should get the job done, IF what you're saying about having the proof is accurate. ... sounds, however, like there may be more to the story.

If they ignore you then contact a local attorney ... don't try it yourself. It will probably be a pretty simple issue to resolve.

 

[ThisIsSilly]

Yes, I contacted them, both when they made the demand (several times) and after learning of the lien being filed. The letter sent (after learning of deed) is much as you noted in your reply.

I have every single bank statement (from the RESPA to date) that clearly says the Assoc. Name, date withdrawn from the account, and the amount. Each amount is the exact levied amount for maint. for that period (monthly, changing yearly). Yet the Lien clearly states that it is for "Maintenance Fees, Late Fees, Counsel Fees". Can a Lien be filed for Maintenance Fees if the Property owner has proof that all maintenance fees where paid? I can supply the court with redacted bank statements that show same.

Can you advise as to the procedural aspect? My understanding is:
Chancery>General Equity>Complaint with Certification

Can you give me more specific information, Please?

 

[Rexlan]

The assoc. has a "special" right so to speak and you SHOULD go to a local attorney for assistance. He/she can send a letter as a first step and hopefully it won't get blown off. If it is, he/she can probably make a simple filing to have the lien removed and collect some fees. If you try it yourself, you may very well end up with a mess. Having all of the records will make it simple and this assumes that when you purchased that all of the association fees were current.

Unfortunately the condo association members probably could care less. You can't touch any of them individually and they will/can use your money to fight back.

The Law division will probably have jurisdiction. However, perhaps a senior member will chime in on that. Your attorney will know and a phone cal to any one will likely get that answer for you free.

 

[ThisIsSilly]

This is a matter of equity, not seeking monetary justice (although, I may seek legal/mailing/fees), so I don't see how it would be Law.

I'll wait for a "senior" person.

 

[Rexlan]

Just have to love it when someone asks a question and subsequently tells you how wrong you are.

Good luck .... LOL

 

[ThisIsSilly]

Sorry if I offended you, I never said you were wrong, simply stating my understanding. Additionally, the only way (from what I understand) that it could be a matter for Law Div. would be if they won't release the lien to cause harm. (Then I can go for legal relief (money damages).)

These are the things that I'm trying to better understand... (which way to take it).

Hence, why I wanted to wait for another poster to chime in.

 

[Zigner]

Were the fees, etc., up to date when you purchased the place?

 

[ThisIsSilly]

Were the fees, etc., up to date when you purchased the place?

Yes. 100%.