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How do I forclose on a construction lien that I have made? What are the steps to take and how do I star the process

New JerseyLien Foreclosure

I have filed a lien and now it is time to foreclose on it. What are the steps to take and how do I star the process

2 replies

Feb 1, 2021

The party with the lien needs to actually sue them in New Jersey Civil Court within one year of the last date that the contractor worked on the project (not when the lien was filed). Although you are not supposed to, you mcan represent yourself in Small Claims (if the debt is less than $3,000) and you may even be able to get away with it in Special Civil Part (if the debt is less than $15,000). However, if you are a contractor who is more than that, or if you really want to be sure that the debt can be collected, you should probably consult with an attorney who understands New Jersey construction law.  

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Feb 2, 2021
The next step is to file a lawsuit to foreclose on the lien. That would be brought against the owner of the property. If your contract was with a GC or subcontractor, then you would have to sue them for the non-payment in the same lawsuit.
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