Home>Levelset Community>Legal Help>Hello, Our company filed a Mechancis Lien in NJ & NY under the correct timeline. We have the Mechanics Lien in possession, stamped back from the county etc. We then filed a satisfaction of lien with the county on the two seperate liens in NY, & NJ. My question is, may we re-file the same Mechanics Lien in NJ, & NY?

Hello, Our company filed a Mechancis Lien in NJ & NY under the correct timeline. We have the Mechanics Lien in possession, stamped back from the county etc. We then filed a satisfaction of lien with the county on the two seperate liens in NY, & NJ. My question is, may we re-file the same Mechanics Lien in NJ, & NY?

New YorkLien Releases Right to Lien

1 reply

Jan 31, 2019

That's an interesting question, and I'm not quite sure I understand the situation. However, when a mechanics lien has been filed, then released, then the claimant looks to file again - there are three important factors to consider, among potential others: (1) Is there still a basis for a lien claim? (2) What is the deadline to file a mechanics lien in that state? and (3) Did the language of the mechanics lien satisfaction potentially prohibit future lien claims. First, the basis of the lien claim. Is there still a debt owed? Typically, a mechanics lien satisfaction won't be filed until after payment has been made. If the lien dispute was resolved and money is in-hand, the right to file a lien may no longer exist. Second, deadlines. When nonpayment has led to a lien filing, then that lien dispute was resolved and led the the release of the lien, and then the claimant again decides to file a lien - a lot of time passes during each phase of this payment dispute. Thus, regardless of whether there remains a valid basis for the claim, and regardless of whether the lien release language has prohibited a future filing, if the lien deadline has come and gone, a claimant won't be able to file a valid and enforceable mechanics lien. You can learn more about these deadlines at the following resources: New York Lien and Notice FAQs and New Jersey Lien and Notice FAQs. Finally - it's important to carefully scour the language of any lien releases previously filed before deciding to refile an previously-released lien. Potentially, it could contain language that states the debt has been completely paid and released and that future actions on the debt are waived. If that's the case, the ability to file a lien might no longer be present. Of course, if payment was promised which induced a lien release, then that payment was not made, then things could get more interesting - and potentially, a lien claim might be made. But still - it's important to keep an eye on the relevant deadlines.

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