2016 New Jersey Revised Statutes
Title 2a - Administration Of Civil And Criminal Justice
Section 2A:37B-1 - Civil Action Against Fraudulent Filer.

NJ Rev Stat § 2A:37B-1 (2016) What's This?

2A:37B-1 Civil action against fraudulent filer.

8.Any current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, or the current or former officer's or employee's immediate family or estate injured by a filing or recording that relates to the performance or non-performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction or for which the initial filer was not entitled to file the initial financing statement under N.J.S.12A:9-509 may bring a civil action against the person or entity who filed or recorded the documents. Upon a showing that a filing is false or contains any materially false, fictitious, or fraudulent statement or representations, or with the intent to harass, hinder, defraud, retaliate against, or in any way impede the performance of that officer's or employee's duties, the court may do any one or more of the following:

a.order the defendant to pay a sum of not less than $2000 for each fraudulent filing, or the actual damages caused by the filing or recording, whichever is greater;

b.enjoin the defendant from making any future liens, encumbrances, court actions, or claims against persons specified by the court without approval of the court;

c.award the plaintiff court costs and reasonable attorney's fees; or

d.order any other relief as is required to clear title to the real or personal property.

L.2015, c.59, s.8.


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