Clarksville, TN asked in Real Estate Law for Tennessee

Q: What form do I need to fill out to go before a circuit judge to have a fraudulent lien removed?

I had evicted person won eviction, then he had suit for breach of contract that was dismissed , then a general session civil suit for slander of tittle and won but judge couldn't release lien, said I had to go to circuit court. Defender still refuses to remove lien after judge told him it wasn't legal. That he had no right. So I don't have money. I just need to know what formed to file.

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2 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: More information is needed to answer your question. But, generally, there are no "forms" in Circuit Court. You have to draft and file your own pleadings and motions. The Tennessee Supreme Court has some standard forms available on its website -- you may check there. But if you are trying to release a real property lien you'll likely need to file a motion to get an order and/or file a new lawsuit, depending on the current status of your situation. You would be wise to consult with local counsel to see what options you may have.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: There is no form. This will require a competent attorney that knows real property litigation, which you obviously do not. It will be a Suit to Remove A Cloud Upon Your Title in Chancery. There are some Statutory penalties for the Lienor. Again you will not be able to do this yourself.

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