New Jersey
Notice of Unpaid Balance and Right to File Lien-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Unpaid Balance and Right to File Lien

Scope: State of New Jersey, Private Work.

Time Constraints: This notice is actually filed with the County Clerk’s office in the county where the job is being done, and must be served on the owners, contractors and subcontractors within 10 days before actually filing your lien claim, but before the statutory 120 days to file a lien claim.

Three types of forms can be printed from this selection depending on your needs:

1) Original Notice of Unpaid Balance and Right to File Lien: This is the form you use if you are filing a new claim;

2) 1st Amended Notice of Unpaid Balance and Right to File Lien: This form is used if you have already filed an original Notice of Unpaid Balance and Right to Lien.   You will be required to supply information on the first filing;

3) Additional Amended Notice of Unpaid Balance and Right to File Lien:  This form is used if you have already filed a previous Amended Notice of Unpaid Balance and Right to File Lien.  You will be required to supply information on the first filing and the last amended filing;

4) Certificate of Discharge of Notice of Unpaid Balance and Right to File Lien: This form is used if you are releasing this claim.  You will be required to supply information on the first filing.

A lien claim validly filed under this act shall have priority over a prior conveyance, lease or mortgage of an interest in the real property to which improvements have been made, only if a Notice of Unpaid Balance and Right to Lien is filed before the recording or lodging for record of a recordable document evidencing that conveyance, lease or mortgage.

However, to enforce your Mechanic's Lien claim you must file your Construction Lien Claim no later than 120 days after the date of last furnishing. See New Jersey Bond or Lien Claim, Private Work, for more information.

Information Requirements: Program information.

Form Types: Notice of Unpaid Balance and Right to File Lien and Exhibits A-D, if needed.

Procedures: File the Notice with the County Clerk’s Office where the job is being done. Within 10 days send copies of the prepared forms by certified mail to the owners, general contractors, and subcontractors. If you have not been paid in full by the end after service of the forms you may file your lien, but in any circumstances not beyond 90 days from the date of last furnishing.

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