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Do I need to file a notice of intent to lien before I file a mechanics lien in New Jersey?

Anonymous General Contractor

Do I need to file an intent to lien first or can we just jump to filing a lien?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Mar 30, 2020

New Jersey does not require a Notice of Intent to Lien be sent before a mechanics lien can be pursued. So, if a claimant doesn't want to send a Notice of Intent, they won't have to. With that being said, a Notice of Intent to Lien can be an extremely powerful tool for forcing payment. And, the power of a Notice of Intent shouldn't be underestimated. Levelset discusses that idea here: What Is a Notice of Intent to Lien and Should You Send One? Of course, if your project is a residential job, then the mechanics lien process will have some additional steps which will complicate the claims process. And, a Notice of Unpaid Balance acts a bit like a Notice of Intent. Still - a Notice of Intent to Lien isn't actually required there, either. If filing a mechanics lien has become necessary, these resources should help you navigate that process: - New Jersey Mechanics Lien Guide and FAQs - How to File a New Jersey Mechanics Lien – A Step by Step Guide to Get Paid

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