Legal Question in Construction Law in New Jersey

Mechanic's Lien

Customer is disputing some of the items on invoice and has not paid any amount. Can I just file a lien against the property myself or must I go through an attorney? Amount is under 5000.00 So I have to file an intent for a lien or just go a head and file the lien?


Asked on 4/30/04, 11:42 am

1 Answer from Attorneys

Re: Mechanic's Lien

The laws in NJ regarding residential construction are different and much more onerous than for non-residential construction. I haven't done this recently, but I believe you must file a notice with them, then send a demand before filing a lien, and if you do not file the notice within about 30-45 days after the last work or supplying of material, you can not actually file the lien within the proscribed 90 day window. So, if you have waited for a month and a half, you are shit-outa-luck. Your recourde is to file suit in small claims court.

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Answered on 4/30/04, 12:55 pm


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