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

2A:44A-2 Definitions relative to construction liens. 2. As used in this act: "Claimant" means a person having the right to file a lien claim on real property pursuant to this act. "Community association" means a condominium association, a homeowners' association, a cooperative as…

2A:44A-20 Notice of Unpaid Balance and Right to File Lien, form. 20. a. All valid liens filed pursuant to this act shall attach to the interest of the owner from the time of filing of the lien claim, subject to this section and sections 3, 6, and 10 of P.L.1993, c.318 (C.2A:44A-3…

2A:44A-21 Legislative findings, additional requirements for lodging for record of lien on residential construction. 21. a. The Legislature finds that the ability to sell and purchase residential housing is essential for the preservation and enhancement of the economy of the State…

2A:44A-22 Priority of mortgages over liens, conditions. 22. a. Every mortgage recorded before the filing of a lien claim or the filing of a Notice of Unpaid Balance and Right to File Lien in accordance with section 20 of P.L.1993, c.318 (C.2A:44A-20), shall have priority as to th…

2A:44A-23 Payment of claims, pro rata payment. 23. a. The amount due a lien claimant shall be paid only after the lien claim has been established by judgment, or, in the case of an execution sale, only to those lien claimants whose lien claims were filed before application was ma…

2A:44A-24.1 Lien claims enforced by suit. 18. a. Subject to the requirements of section 14 of P.L.1993, c.318 (C.2A:44A-14), and in the case of lien claims arising from residential construction contracts the additional requirements of sections 20 and 21 of P.L.1993, c.318 (C.2A:4…

2A:44A-25 Issuance of writ of execution. 25. If judgment in an action to enforce a lien claim under this act is entered in favor of the lien claimant, a writ of execution may issue thereon, in accordance with the judgment. L.1993, c.318, s.25; amended 2010, c.119, s.19.

2A:44A-27. Interest in residential property, priority to all subsequent liens 27. The interests in real property set forth in section 21 of this act shall have priority to all subsequent liens under this act upon the land and upon the improvements thereon, except such as may be r…

2A:44A-3 Lien entitlement for work, services, etc.; terms defined. 3. a. Any contractor, subcontractor or supplier who provides work, services, material or equipment pursuant to a contract, shall be entitled to a lien for the value of the work or services performed, or materials …

2A:44A-30 Filing of certificate to discharge lien claim of record. 30. a. When a lien claim has been filed and the claim has been paid, satisfied or settled by the parties or forfeited by the claimant, the claimant or claimant's successor in interest or attorney shall, within 30 …

2A:44A-31 Filing of surety bond, deposit. 31. a. When a lien claim is filed against any improvement and land under this act, the owner, community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), contractor or subcontractor may execute and file with the pr…

2A:44A-32. Release, discharge from claim 32. When the bond, deposit or any combination thereof, authorized by section 31 of this act, is properly filed or deposited, the improvements and land described in the lien claim shall thereupon be released and discharged from the claim an…

2A:44A-33 Discharge of record of lien claim. 33. a. A lien claim shall be discharged of record by the county clerk: (1) Upon the execution and filing with the county clerk of a surety bond, or the deposit of funds with the clerk of the Superior Court of New Jersey, in favor of th…

2A:44A-34. Book, page number of original record of lien claim necessary for release, discharge 34. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien, a receipt of payment of a lien claim, or any order of the court discharging…

2A:44A-35 Discharge, subordination, release of lien claim. 35. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien shall be duly acknowledged or proved, and recorded in a properly indexed book for that purpose. A notation of th…

2A:44A-36. Liability for fraud 36. A person who fraudulently deprives a person entitled to the benefits of this act shall be liable to that person for any damages resulting therefrom. L.1993,c.318,s.36.

2A:44A-37 Furnishing of list of subcontractors, suppliers. 37. a. If required in a contract or upon written request from an owner or community association to a contractor, a subcontractor, or both, the contractor or subcontractor shall, within 10 days, provide the owner or commun…

2A:44A-38. Waivers of construction lien rights 38. Waivers of construction lien rights are against public policy, unlawful, and void, unless given in consideration for payment for the work, services, materials or equipment provided or to be provided, and such waivers shall be eff…

2A:44A-4. Lien for improvements; attachment 4. Liens for the following improvements shall attach to real property only in the manner herein prescribed. In the case of an improvement: a. Involving a dock, wharf, pier, bulkhead, return, jetty, piling, groin, boardwalk or pipeline a…

2A:44A-5. Liens, certain; prohibited 5. No liens shall attach nor shall a lien claim be filed: a. For materials that have been furnished or delivered subject to a security agreement which has been entered into pursuant to Chapter 9 of Title 12A of the New Jersey Statutes (N.J.S.1…

2A:44A-6 Filing lien claim. 6. a. A contractor, subcontractor or supplier entitled to file a lien pursuant to section 3 of P.L.1993, c.318 (C.2A:44A-3) shall do so according to the following process: (1) The lien claim form as provided by section 8 of P.L.1993, c.318 (C.2A:44A-8)…

2A:44A-7 Serving of lien claim by claimant. 7. a. Within 10 days following the lodging for record of a lien claim, the claimant shall serve on the owner, or community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), and, if any, the contractor and subcont…

2A:44A-8 Lien claim form. 8. The lien claim shall be filed in substantially the following form:CONSTRUCTION LIEN CLAIM TO THE CLERK, COUNTY OF __________: In accordance with the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et al.), notice is hereby given that (only comple…

2A:44A-9 Amount of lien claim. 9. a. The amount of a lien claim shall not exceed the unpaid portion of the contract price of the claimant's contract for the work, services, material or equipment provided. b. Except as set forth in sections 15 and 21 of P.L.1993, c.318 (C.2A:44A-1…

2A:45-1. Liens and encumbrances determinable Whenever the state of New Jersey has any lien or encumbrance upon real property and an action arising out of a prior lien or encumbrance on the same real property is instituted to foreclose, strictly foreclose, or re-foreclose the said…

2A:45-2. Notice; contents In any such action, a notice shall be directed to the State of New Jersey, stating the names of the parties and describing the lien or encumbrance of the State sought to be affected and advising the State within what time it is required to answer, if it …

2A:45-3. Notice; upon whom served If the lien or encumbrance of the state is for a tax payable to the state or for any other right or claim of the state, other than a recognizance entered into or a criminal judgment rendered in any county of the state, the notice shall be served …

2A:45-4. Action; judgment; operation and effect On the return of the notice, duly served, or on appearance for the state, the action may proceed as in other cases, and a judgment therein shall bind the state and the lien of the state cut off, the same as if the judgment had been …

2A:45-5. Release of judgment from lien of state on real estate required for public improvement Whenever any real estate required for the purpose of carrying out a public improvement which has been authorized by law is subject to the lien of any judgment held by the state of New J…

2A:46-1. Definitions As used in this chapter, unless the context or subject matter requires otherwise: (a) "Liquidation proceeding" includes all assignments for the benefit of creditors, whether voluntary or by operation of law; administration of insolvent decedents' estates; liq…

2A:46-10. Application of chapter This chapter shall not apply to contracts and transactions existing upon April 28, 1941. L.1951 (1st SS), c.344.

2A:46-2. Secured creditor's claim must disclose security In a liquidation proceeding every secured creditor's claim against the general assets shall disclose the nature of the security. When a decedent's estate already in the course of administration is judicially declared as lik…

2A:46-3. Effect of concealment Any secured creditor who with intent to evade the provisions of this chapter fails to disclose the existence of the security shall not be entitled to receive or retain dividends out of the general assets, unless he thereafter releases or surrenders …

2A:46-4. Value of security credited upon claims Dividends paid to secured creditors shall be computed only upon the balance due after the value of all security not exempt from the claims of unsecured creditors and not released or surrendered to the liquidator, is determined and c…

2A:46-5. Determination of value by secured creditor (1) By collection. When the asset constituting the security is an obligation for the payment of money, the secured creditor may determine its value by collection or by exhausting his remedies thereon and then surrendering the ob…

2A:46-6. Alternative determinations of value Where valuation under the provisions of section 2A:46-5 is impracticable or would cause undue delay, the court, upon application by either the secured creditor or the liquidator, may order the value of the security determined by any of…

2A:46-7. Exempt security not credited When any creditor has legal or equitable security upon assets which are exempt from process for the satisfaction of unsecured debts and are duly claimed as exempt by the insolvent debtor, the value of such security shall not be credited upon …

2A:46-8. Uniformity of interpretation This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. L.1951 (1st SS), c.344.

2A:46-9. Short title This chapter may be cited as the uniform law governing secured creditors' dividends in liquidation proceedings. L.1951 (1st SS), c.344.

2A:47-1. Establishment by judgment; summary action The existence of any lost or destroyed deed or other instrument relating to title or real or personal property may be established by judgment in the superior court in an action brought in a summary manner or otherwise. L.1951 (1s…

2A:47-2. Survey of real estate In any such action relating to real property, the court may require the plaintiff to cause to be prepared and presented to the court, a survey of the premises involved sufficient to identify and locate the premises. L.1951 (1st SS), c.344.

2A:47-3. Record of judgment; operation and effect A certified copy of any judgment establishing the existence of an instrument relating to real property shall be recorded in the office of the county clerk or register of deeds, as the case may be, of the county wherein the real pr…

2A:47A-1. False complaints of unprofessional conduct; liability for damages Any person who falsely and maliciously and without probable cause makes a complaint, orally or in writing, of unprofessional conduct against a member of any profession requiring a license or other authori…

2A:47A-2. False complaints of unprofessional conduct; limitation of actions Every such action shall be deemed to be for an injury to the person caused by the wrongful act of the person causing such injury and shall be commenced within 2 years next after the cause of any such acti…

2A:48-1. Liability of municipality or county; amount recoverable; persons covered by insurance When, by reason of a mob or riot, any property, real or personal, is destroyed or injured, the municipality if it has a paid police force, in which the mob congregates or riot occurs, o…

2A:48-2 Limitation of action against municipality or county. 2A:48-2. No action under this article shall be instituted unless commenced within three months after the loss of or injury to the property. If any person entitled to such an action is, at the time the action accrues, un…