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.
Original Text maintained by the State of New Jersey:
Disclaimer: Always check for the most up to date language of a statute. Every time a new law is enacted it has a possibility of changing the wording of a statute or override case law. These pages were created to assist in looking up and migrating between statutes easily. No accuracy is guaranteed. If you need help with researching law, contact an attorney.