Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:44-125. Short title This article may be cited as the "municipal mechanics' lien law" . L.1951 (1st SS), c.344.

2A:44-126. Definitions As used in this article: "Contractor" means a person, his assigns or legal representatives, with whom a contract with a public agency is made. "Public agency" means any county, city, town, township, public commission, public board or other municipality in t…

2A:44-127. Action to recover debt not barred Nothing in this article contained shall affect or impair the right of a creditor for labor performed or materials furnished to maintain an action to recover such debt against the person liable therefor. L.1951 (1st SS), c.344.

2A:44-128. Debts for labor and materials; funds liable; asserting lien; forfeiture of lien 2A:44-128. a. Any person who, as laborer, mechanic, materialman, merchant or trader, or subcontractor, in pursuance of or conformity with the terms of any contract for any public improvemen…

2A:44-129. Commencement and extent of lien; exception A lien created by this article shall, from the time of the filing thereof, attach, to the extent of the liability of the contractor or subcontractor as the case may be, for the claim preferred upon any funds due or to grow due…

2A:44-13. Sale of perishable goods; application to court; procedure. 2A:44-13. Where the consignee of perishable goods cannot be found by the carrier or shall neglect or refuse to receive the same or to pay the costs and expenses of transportation, or the charges for detention or…

2A:44-130. Release of funds from lien; bond The funds to which a lien has attached as provided by section 2A:44-129 of this title may be released and paid to the contractor by the financial officer of the public agency upon the filing with such officer of a bond in double the sum…

2A:44-131. Priority of lien over assignments The lien given by and filed pursuant to this article shall have priority over an assignment, by a contractor or subcontractor to a third person of moneys due or to grow due to such contractor or subcontractor for labor performed or mat…

2A:44-132. Filing notice of lien claim A lien claimant may, at any time before the whole work to be performed by the contractor for the public agency is either completed or accepted by resolution of the public agency, or within 60 days thereafter, file with the chairman or other …

2A:44-133. Contents of notice; variance of names not to affect validity of lien The notice of claim under section 2A:44-132 of this title shall state: a. The name and residence or place of business of the claimant; b. The amount claimed and from whom due and if not due when it wi…

2A:44-134. Lien docket; entries; validity of claim not affected by failure to make entry The officer of the public agency with whom a notice of lien claim is filed pursuant to section 2A:44-132 of this title shall give notice of the filing thereof to the financial officer of the …

2A:44-135. Notice by public agency to contractor or person in interest A public agency may, upon a notice of lien claim being filed with it pursuant to section 2A:44-132 of this title, serve notice upon the contractor and upon any person who may appear, by the records of the publ…

2A:44-136. Payment of claim by public agency if statement not filed; credit for amount paid; priority of claim of laborer If the contractor or person in interest shall fail to file with the financial officer of the public agency, within the time prescribed by notice under section…

2A:44-137. Actions in superior court Any claimant who has filed a notice under sections 2A:44-132 and 2A:44-133 of this title may enforce his claim against the fund therein designated by an action of an equitable nature in the superior court. An action of the same nature to deter…

2A:44-138. Commencement of action; lien of other claimants preserved No lien created under this article shall be binding on the funds of the public agency, unless an action to enforce the lien claim be brought within 60 days from the time when the whole work to be performed by th…

2A:44-139. Parties to action; county or municipality when public agency not corporation The claimant first bringing an action for the enforcement of his claim in the superior court as provided by this article, shall make parties to the action all who have filed claims, the contra…

2A:44-14. Sale of unclaimed property; when authorized. When the owner or consignee of property transported by a common carrier to its destination, does not call for the same, or cannot be found, or is unknown, or neglects or refuses to receive the property or to pay the costs and…

2A:44-140. Determination of validity of liens and amount due; judgment; ratable distribution; priority of laborer's lien; claim of subcontractor chargeable with amount paid to claimants The superior court shall determine the validity and priorities of the liens of the plaintiffs …

2A:44-141. Payment by public agency into court The public agency may at any time during the pendency of the action pay into the superior court the amount which it admits to be due the principal contractor upon the contract. The contractor or claimants shall not be precluded there…

2A:44-142. How discharged A lien created under this article may be discharged by: a. Filing with the financial officer of the public agency a duly acknowledged or proved certificate of the claimant or his successor in interest, or his duly authorized attorney or agent or his atto…

2A:44-143. Additional bond for payment of claims for labor, material, etc.; waiver, surety's obligation 2A:44-143. a. (1) When public buildings or other public works or improvements are about to be constructed, erected, altered or repaired under contract, at the expense of the St…

2A:44-144. Sureties on and amount of bond; condition for payment of claims; bond deposited, held for use of interested parties 2A:44-144. The bond required by this article shall be executed by the contractor with such sureties in accordance with N.J.S.2A:44-147 as shall be approv…

2A:44-145. Statements of claimants filed with sureties on bond; time for action on bond 2A:44-145. Any person who may be a beneficiary of the payment bond, as defined in this article, and who does not have a direct contract with the contractor furnishing the bond shall, prior to …

2A:44-146. Action on bond; limitation 2A:44-146. If the indebtedness due to any person as shown by the statement required to be filed by N.J.S.2A:44-145 shall not be paid in full at the expiration of 90 days from the date of notice of the amount due to the person, such person sha…

2A:44-147. Bond form; conditions 2A:44-147. The bond required by this article shall be in substantially the following form: "Know all men by these presents, that we, the undersigned as principal and as sureties, are hereby held and firmly bound unto in the penal sum of dollars, f…

2A:44-148. Money paid to contractor trust fund for payment of claims All money paid by the state of New Jersey or by any agency, commission or department thereof, or by any county, municipality or school district in the state, to any person pursuant to the provisions of any contr…

2A:44-149. Definitions As used in this article: "Cemetery" includes a burial ground. "Monument" includes a gravestone, inclosure or other structure. L.1951 (1st SS), c.344.

2A:44-15. Notice of sale. Public notice of the sale, under section 2A:44-14 of this title, shall be given by advertisement in 1 or more newspapers of the county, at least 6 days before the sale, and by notice set up at least 5 days before the sale in at least 5 of the most public…

2A:44-150. Right of lien A person furnishing or placing a monument in a cemetery shall have a lien thereon for the agreed price thereof or the part remaining unpaid, with interest from the time the amount was due, upon filing a notice of lien with the superintendent or person in …

2A:44-151. Notice of lien; contents; filing Notice of lien may be filed at any time after the completion of the work, but shall be filed within 1 year after the agreed price for furnishing or placing the monument becomes due. The notice shall state that the lienor has a lien on t…

2A:44-152. Service of notice of lien The lienor shall, within 10 days after filing the notice of lien, serve a copy thereof personally, or by mail, upon the person with whom the agreement for the purchase and erection of the monument or for the performance of labor thereon was ma…

2A:44-153. Enforcement of lien by action and sale A lienor may, after service of the notice, as provided by section 2A:44-152 of this title, bring an action to recover the amount of the debt and to enforce his lien therefor against the person with whom the agreement was made for …

2A:44-154. Sale under judgment The sale authorized by section 2A:44-152 of this title, may be conducted by the lienor or by an officer of the court according to the judgment entered in the action, and the court shall prescribe the terms and conditions, the time and place, and the…

2A:44-155. Proceeds of sale; disposition The lienor or officer shall, out of the proceeds of the sale, pay the expenses thereof, and the expenses of the removal of the monument from the cemetery, not exceeding $10 if a gravestone only is removed and $50 if any other monument is r…

2A:44-156. Removal of monument after notice of lien filed; exception The superintendent or other person in charge of a cemetery shall not permit the removal, alteration or inscription of a monument against which a lien exists after the notice of the lien has been filed and served…

2A:44-157. Definitions Definitions. As used in this article: "Processor" means a person engaged in the business of spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing, scraping or otherwise treating or processing of linen, c…

2A:44-158. Property subject to lien Property subject to lien. a. A processor shall be entitled to a lien upon the property of others which comes into the processor's possession, for the entire indebtedness owed to the processor by the person as a result of the processor having pe…

2A:44-159. Waiver or impairment of lien; assignment Waiver or impairment of lien; assignment. The lien under section 2A:44-158 of this title shall not be affected in any way by the recovery of a judgment or the taking of a bill or note for the money due for labor or material; or …

2A:44-16. Sale of perishable property; notice. Where the unclaimed property is perishable and will depreciate in value by being longer kept, the same may be sold after 2 days, in which case notice shall be published at least once and posted at least 1 full day. In cases of urgenc…

2A:44-160. Sale of property A processor having a lien upon the property of others that has come into his possession and the amount due shall remain due and unpaid either in whole or in part for 2 months after the same becomes due and payable, may sell the property at public aucti…

2A:44-161. Notice of sale Notice of the sale authorized by section 2A:44-160 of this title shall be published for 2 consecutive weeks, at least once in each week, preceding the day of sale in a newspaper published in the county in which the property is located. Notice of sale sha…

2A:44-162. Disposition of proceeds of sale The proceeds of the sale after the deduction of the expenses thereof shall be applied to the payment of the lien. No more of the property shall be sold, if easily separated or divided, than shall be necessary to pay the lien and expenses…

2A:44-163. Lien enforceable by other procedure The provisions of this article shall not be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure. L.1951 (1st SS), c.344.

2A:44-164. Paramount claim of lien; surrender of right; exception The lien created by this article shall be paramount to the title, lien, interest or encumbrance of the owner, when the owner or his representative, if his interest is prior in time to that of the processor, shall h…

2A:44-165. Definitions As used in this article: "Rentor" includes a person, partnership and corporation who may rent a mill, factory or loft or any portion thereof, to another for manufacturing or other purposes. "Rentee" includes a person, partnership and corporation who may ren…

2A:44-166. Right of lien for unpaid rent; priority A rentor shall be entitled to a lien on machinery and other chattels to the extent of the rentee's interest therein for the amount of unpaid rent, from the date the rent is unpaid. Such lien hereby created shall have priority and…