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Can I file a small claim sue?

New JerseyLawsuit

I have a question, I also want to file a small claim sue to this client, I already have all the papers filled out, but I wanted to know whether to send the paper work by mail to the court now? or wait for the first lien notification to arrive?

4 replies

Sep 10, 2021

How small is the claim? In NJ, damages sought in excess of $15,000 go to regular civil; damages greater than $3,000, but less than $15,000, go to Special Civil Part; and less than $3,000 go to small claims.

You can sue them independently for breach of contract, but doing so would prevent you from later suing them seperately to enforce the mechanic's lien. If you have a valid lien claim that has been properly filed, served, etc., you should probably wait to sue the client for both claims (breach of contract and enforcement of the lien) at the same time. Having a properly recorded lien greatly improves a contractor's chances of collecting in Court.

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Sep 10, 2021
Ok, thanks! I will just wait then. Thanks for your reply.
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Sep 10, 2021
I already started the mechanic lien, with you guys, client will be notified soon, I just dont want that after she receives the 1st notice, she sue me after that.
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Sep 10, 2021

To be clear, I think Levelset represents a great and efficient service to lien claimants, but I do not work for Levelset. I am an independent attorney with a client base that is largely comprised of contractors in NJ and PA.

Clients can always sue you in this country! If you are a residential contractor in NJ, the risk of a homeowner stiffing you and then filing a claim under the Consumer Fraud Act (the "CFA") always represents a risk in collection. The only effective way to ensure that does not happen is for you to use a contract form which satisfies all the CFA requirements and for you to complete the project according to that contract.

Please contact me directly offline (at cschmitt@vaughanbaio.com), if you would like to discuss this further.      

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