Can a New York Court discharge or enforce a New Jersey Mechanics Lien?
1 reply
Mar 26, 2020
Lawsuits filed to directly enforce or dispute mechanics lien claims must typically be brought in the county where the work was performed/lien was filed. Obviously, that would mean that the suit would also be in the state where the lien was filed too.
However, in general, one state is allowed to apply the laws of another state if the issues are properly brought before their court. That is, even if a dispute arises in New Jersey, and even if a New Jersey mechanics lien was filed, if there's some reason that the lawsuit was properly brought in New York - then it's possible that the New York court may end up having to apply the New Jersey lien laws to the case and might even end up striking down that lien if it's improper.
But again - for an owner looking to challenge a New Jersey lien - that challenge should generally be made in New Jersey and in the county where the lien was filed. And, for a New Jersey lien claimant, the same is true. And, it'd be highly irregular to find yourself in a New York court battling over New Jersey lien laws. Still - it's possible.