N.J. Stat. tit. 2A, ch. 44

N.J. Stat. tit. 2A, ch. 44
in effect

N.J. Stat. § 2A:44-1 Definitions

As used in this article: "Aircraft" means any contrivance invented, used or designed for navigation or flight in the air except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. "Aircraft mechanic" means any person licensed to repair or maintain aircraft according to the provisions of the regulations of the United States department of commerce and the laws of the state of New Jersey. "Airport operator" means any person operating an airport according to regulations of the United States department of commerce and of the laws of the state of New Jersey. "Hangar operator" means any person operating a hangar according to regulations of the United States department of commerce and the laws of the state of New Jersey. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-2 Right of lien; detention; priorities; statement verified by oath

a. Any person, engaged in the business of operating an airport, a hangar or place for the storage, maintenance, keeping or repairing of aircraft who, in connection therewith, permits landings or take-offs or stores, maintains, keeps or repairs any aircraft or furnishes gasoline, accessories, materials or other supplies therefor at the request or with the consent of the owner or his representative, agent or lessee, whether such owner be a conditional vendee or a mortgagor remaining in possession or otherwise, shall have a lien upon such aircraft or any part thereof for the sum due as the fees for such landings or take-offs, or for such storing, maintaining, keeping or repairing of such aircraft or for furnishing gasoline, accessories, materials or other supplies therefor, and may, without process of law, detain such aircraft at any time it is lawfully in his possession until such sum is paid. The lien shall be superior to all other liens, except liens for taxes, and the operator of such aircraft shall be deemed the agent of any owner, mortgagee, conditional vendor or other lienor thereof for the creation of such superior lien. b. Any person entitled to a lien pursuant to subsection a. shall, within 90 days after the date upon which work was last performed or material last furnished in performing such work or making such repairs or improvements, or fees were last incurred for landings or take-offs, file in the office of the county recording officer of the county in which the aircraft is based, or where the work was performed or material supplied, or landing and take-off fees incurred, a statement verified by oath. The statement shall include the name of the person entitled to the lien, the name of the owner of the aircraft, a description of the aircraft, the amount for which a lien is claimed, and the date upon which the work was completed, materials supplied or fees incurred. L.1951 (1st SS), c.344; amended by L.1981, c. 159, s. 1, eff. June 8, 1981; L.1983, c. 77, s. 1, eff. Feb. 24, 1983.

N.J. Stat. § 2A:44-3 Removal of aircraft; seizure; costs of seizure

A person acquiring a lien under section 2A:44-2 of this title shall not lose the same by reason of allowing the aircraft, or part thereof, to be removed from his control, and if so removed, he may, after demand of payment of claim either personally or by registered mail if the owner's address is known, and without further process of law, seize without force and in a peaceable manner, the aircraft or part thereof, wherever found in this state. A charge of $10 for such seizure shall be paid by the owner of the aircraft or parts thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-4 Statement of amount; offer by owner and demand for possession; deposit of amount claimed with court; action for possession; costs

2A:44-4. The owner or person entitled to the immediate possession of the aircraft, or part thereof, so detained as provided by this article, may on learning of the detention of the same, immediately demand from the person detaining such aircraft or part thereof, or from the person in charge of the place where it is detained, a statement showing the true amount claimed to be due and owing for landing or take-off fees or for the storing, maintaining, keeping or repairing of such aircraft, or for furnishing gasoline, fuel, accessories, materials or other supplies therefor. If upon receiving such statement he considers the amount thereof excessive, he may offer what he considers to be reasonably due and demand possession of the aircraft or part thereof so detained. If possession is refused, he may obtain possession thereof by depositing the amount claimed in the statement with the clerk of any court of competent jurisdiction in the county where the aircraft or part thereof may be situated, together with $12 to cover the cost of court in actions commenced in the Superior Court, Law Division, Special Civil Part and $60 in any other court. L.1951 (1st SS), c.344; amended 1981,c.159,s.2; 1991,c.91,s.89.

N.J. Stat. § 2A:44-5 Process out of court; aircraft delivered to owner

When the amount claimed to be due and the costs are deposited with the clerk of the court as provided in section 2A:44-4 of this title, the claimant shall be entitled to possession of such aircraft or part thereof pursuant to process out of said court. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-6 Bond in lieu of cash deposit

In lieu of depositing the amount claimed in cash as provided by section 2A:44-4 of this title, a bond in double the amount claimed and double the amount required to be deposited as costs, may be filed with the clerk of the court. It shall have sufficient surety, and be approved in the manner in which similar bonds are now approved in the court from which process is to issue. The bond shall be in such form as the court shall prescribe. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-7 Claim by keeper of hangar; trial; judgment

The person claiming a lien under this article shall assert such claim in the court within the time and in the manner prescribed by the rules governing the practice of the court. The court may hear and determine the matter in a summary manner. The judgment, if any, may be satisfied out of the deposit made, or an action may be brought on the bond filed. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-8 Failure to bring action; damages; judgment; return of balance of deposit

If no claim is made by the person claiming a lien under this article or if judgment shall be rendered for the defendant, the court may order the return of the money deposited or the discharge of the bond and may also fix and determine the amount of damages suffered by the owner of the aircraft or parts thereof for the seizure and detention thereof, and render a judgment for such amount against the person claiming a lien under this article or the person seizing or detaining the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-9 Entry of appearance by owner of aircraft

The filing of a bond or the depositing of cash by the owner of the aircraft or parts thereof as provided by this article may be considered as an appearance on his part in the action which the person claiming a lien may institute. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-10 Sale of aircraft if proceedings not taken by owner

If no proceedings are taken for the repossession of the aircraft or the parts thereof by the owner, such property so held by any airport operator or any operator of a hangar or place of storage, repair or supplies for aircraft, or held by any aircraft mechanic may, after the expiration of 30 days from the date of the detention, be sold at public auction. L.1951 (1st SS), c.344; amended by L.1981, c. 159, s. 3, eff. June 8, 1981.

N.J. Stat. § 2A:44-11 Notice of sale; advertisement

Notice of sale under section 2A:44-10 of this title shall be published 2 times for 2 weeks, at least once in each week, in some newspaper circulating in the municipality, in which the aircraft or part thereof is detained, and not less than 5 days' notice of such sale shall be given by posting the notice in 5 public places in said municipality. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-12 Disposition of proceeds of sale

The proceeds of the sale shall be applied to the payment of the lien and the expenses of seizure, if any, and of such sale. The balance, if any remaining, shall be paid to the owner of such property. The balance, if not claimed by the owner within 60 days after the sale, shall be paid over to the municipality, in which the aircraft or part thereof is detained, for the support of the poor. L.1951 (1st SS), c.344.

N.J. Stat. § 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 demurrage, the carrier or its agent may apply in writing to the Superior Court and such court on proof that the goods have been transported and are perishable and that the consignee cannot be found or neglects or refuses to receive the same or to pay the costs and expenses of transportation, detention or demurrage charges, shall order the public sale thereof by a sheriff of the county at a time and place named in the order, of which sale such advertisement shall be made and notice given as the court shall direct. L.1951 (1st SS), c.344; amended 1991,c.91,s.90; 2023, c.250, s.6.

N.J. Stat. § 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 expenses of transportation or charges for detention or demurrage and the same has remained unclaimed in the possession of the carrier for 6 months, or is perishable, the carrier may sell the same at public auction. L.1951 (1st SS), c.344.

N.J. Stat. § 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 places in the neighborhood where the property was directed to be left and where the sale is to take place, naming the articles to be sold, the names of the consignor and consignee, if known, the hour of sale, which shall be after 10 in the morning and before 4 in the afternoon, and the place of sale, which shall be made in some public place in said county. If the residence of the consignee is known, written notice shall be given to him personally or by leaving the same at his residence or by mailing it to him at his post-office address. L.1951 (1st SS), c.344.

N.J. Stat. § 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 urgency, such as shipments of milk or perishable fruit, the sale may be made at once to the best advantage at public or private sale without advertisement. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-17 Proceeds of sale; disposition

2A:44-17. The fees and expenses of a sale authorized by this article shall be paid first and next the expenses and charges of the carrier for transportation, detention or demurrage and storage. The residue shall be paid to the clerk of the county who shall pay the same to the owner on the order of the Superior Court. If no person shall, within one year after the sale, claim the proceeds, the same shall be paid into the school fund of the State. L.1951 (1st SS), c.344; amended 1991,c.91,s.91.

N.J. Stat. § 2A:44-18 Report of person making sale

The officer or carrier making a sale under this article shall file therewith a report of the same containing a list of the articles sold, the price realized, the person to whom sold, the expenses of advertisement and sale, the expenses and charges paid to the carrier, the name of the consignor and consignee, the places and dates of consignment and of receipt at destination, of all of which the carrier shall keep a record. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-19 Refund to owner of proceeds of sale; petition

If the proceeds of a sale of unclaimed property are paid into the school fund and the owner of the money or his legal representative shall, by a written petition addressed to the director of the division of budget and accounting, demand the same and present satisfactory proof that he is entitled thereto, the said director shall, upon the petition and proofs being filed with him, draw his warrant upon the state treasurer for such sum as the owner may be so entitled. The state treasurer shall pay the same as soon as proper appropriation shall be made therefor. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-19.1 Customer defined

"Customer" means the owner, a representative of the owner, or a person lawfully in possession of any of the goods enumerated in section 2 of this act. L.1983, c. 528, s. 1, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.2 Lien for charges or services

2. Any person who performs dry cleaning, pressing, glazing, dyeing, washing, laundering, alteration, tailoring or repairs, or uses or furnishes materials or supplies, upon any garment, clothing, wearing apparel (exclusive of furs), draperies, curtains, carpets or rugs, slipcovers or furniture covers, or stores any of the same, at the request of or with the consent of a customer, shall have a lien thereon for the agreed charges for the work, services, storage, materials or supplies, or, in the event there has been no agreed charge, for the reasonable value thereof. L.1983,c.528,s.2; amended 1991,c.480.

N.J. Stat. § 2A:44-19.3 Nonpayment after 90 days; public or private sale; notice to customer

In the event that payment is not made of the agreed charges or the reasonable value thereof for the work, services, storage, materials or supplies within 90 days after any of the goods were to be delivered or to be available to the customer, the goods may be sold at a public or private sale to pay the agreed or reasonable charges together with the cost of notifying the customer. The person to whom the charges are payable and owing shall, at least 30 days prior to the sale, give notice of the time and place of the sale to the customer. The notice shall be mailed to the customer at his last known address by certified mail, return receipt requested. Where the address of the customer is unknown, the posting of a notice of the sale in a prominent place in a public portion of the premises of the person required to give the notice shall constitute notice. L.1983, c. 528, s. 3, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.4 Proceeds of sale; disposition

Upon the completion of a sale pursuant to the provisions of this act, the proceeds thereof shall be used to pay the reasonable or agreed to charges for work, services, storage, materials or supplies, together with the expenses thereof, including the cost of notifying the customer of the sale, and the balance remaining, if any, shall be forwarded to the customer at the last known address together with a statement of the distribution of the proceeds of the sale. If the address of the customer is unknown, the balance remaining shall be held by the person performing or furnishing the work, services, storage, materials or supplies for a period of 6 months from the date of the disposition to be paid to the customer upon demand during this period of time. Upon the expiration of the aforesaid period of six months, amounts unclaimed shall be paid to the treasurer of the municipality in which the premises are located, for the use of the municipality. L.1983, c. 528, s. 4, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.5 Inability to sell goods; other disposition

If after reasonable effort the goods cannot be sold as provided by this act, they may be given away or otherwise disposed of as the holder thereof shall determine. L.1983, c. 528, s. 5, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.6 Action for debt

Nothing in this act shall be construed to bar any person from maintaining an action for debt against a customer, except that the proceeds of any sale, after deductions of expenses thereof, shall be credited upon the debt so due. If sale is held prior to entry of judgment, judgment shall be entered only for the amount of the debt then due and owing after application of the proceeds of the sale. L.1983, c. 528, s. 6, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.7 Persons to whom act applicable; notice; posting

The provisions of this act shall apply to all persons performing or furnishing the work, services, storage, materials or supplies on goods who at the time the agreement to furnish or perform the same was made and at all times thereafter kept posted in a prominent place in a public portion of the premises the following notice: "All articles cleaned, pressed, glazed, dyed, laundered, washed, altered, tailored, stored or repaired and not called for within 90 days thereafter are subject to sale as provided by law." L.1983, c. 528, s. 7, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.8 Assignment of lien and indebtedness

The lien and indebtedness on which it is founded may be assigned without impairing the lien and the lien may be enforced by the assignee directly. L.1983, c. 528, s. 8, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-19.9 Immunity from liability on conformance with act

Conformance with the provisions of this act shall extinguish any liability of any person who causes goods to be sold or disposed of pursuant hereto. L.1983, c. 528, s. 9, eff. Jan. 17, 1984.

N.J. Stat. § 2A:44-20 Definitions

As used in this article: "Owner" includes a conditional vendee or a mortgagor remaining in possession or otherwise of the motor vehicle. "Garage" means a place or structure used in the business of storing, maintaining, keeping or repairing motor vehicles. "Garage keeper" means a person or corporation engaged in the business of keeping a garage as above defined. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-21 Garage keeper liens; detention of vehicles; notice; priority.

2A:44-21. A garage keeper who shall tow, store, maintain, keep, or repair a motor vehicle or furnish gasoline, accessories or other supplies therefor, at the request or with the consent of the owner or the owner's representative, or at the request of a law enforcement officer of this State or any political subdivision of this State, shall have a lien upon the motor vehicle or any part thereof for the sum due for such towing, storing, maintaining, keeping, or repairing of such motor vehicle or for furnishing gasoline or other fuel, accessories or other supplies therefor, and may, without process of law, detain the same at any time it is lawfully in his possession until the sum is paid. A motor vehicle is considered detained when the owner or person entitled to possession of the motor vehicle is advised by the garage keeper, by a writing sent by certified mail return receipt requested to the address supplied by the owner or person entitled to possession of the motor vehicle, that goods or services have been supplied or performed, and that there is a sum due for those goods or services. The lien shall not be superior to, nor affect a lien, title or interest of a person held by virtue of a prior conditional sale or a prior chattel mortgage properly recorded or a prior security interest perfected in accordance with chapter 9 of Title 12A of the New Jersey Statutes. A garage keeper shall only require that reasonable fees, charged in accordance with a duly authorized fee schedule established by a municipality or other political subdivision of this State for non-consensual towing, authorized by a law enforcement officer of this State or by a political subdivision of this State, or for related storage services be paid by the operator, owner, lessor, or lienholder of the vehicle prior to the towing company's release of the vehicle. In the event the owner or operator of the vehicle defaults on payments to the lessor or lienholder of the vehicle, the lessor or lienholder shall be responsible for these reasonable towing and related storage fees. L.1951 (1st SS), c.344; amended 1961, c.121, s.4; 1998, c.122, s.1; 2023, c.132, s.2.

N.J. Stat. § 2A:44-22 Removal of vehicle from keeper's control; seizure

A garage keeper acquiring a lien under this article shall not lose the same by reason of allowing the motor vehicle or part thereof to be removed from his control, and if so removed, he may, after demand of payment of claim either personally or by registered mail if the owner's address is known, and without further process of law, seize without force and in a peaceable manner the motor vehicle or part thereof, wherever found in this state. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-23 Statement of amount claimed; offer by owner of reasonable amount and demand for possession; fees.

2A:44-23. The owner or the person entitled to the immediate possession of the motor vehicle or part thereof so detained, may, on learning of the detention of the same, immediately demand from the garage keeper or the person in charge thereof, a statement of the true amount claimed to be due for the storing, maintaining, keeping or repairing of such motor vehicle, or for furnishing gasoline or other fuel, accessories or other supplies therefor. If upon receiving such statement he considers the amount thereof excessive, he may offer what he considers to be reasonably due and demand possession of the motor vehicle or part thereof so detained. If possession is refused, he may immediately bring an action for possession thereof in the Superior Court, Law Division, Special Civil Part or in any other court. The owner or person entitled to immediate possession thereof shall pay the appropriate court fees and costs prior to the hearing; except that the owner or the person may seek relief from the payment of court fees and costs as provided in the Rules Governing the Courts of the State of New Jersey. The application for the waiver of fees shall be determined prior to or in conjunction with the summary hearing for possession of the motor vehicle. L.1951 (1st SS), c.344; amended 1991, c.91, s.92; 1998, c.122, s.2.

N.J. Stat. § 2A:44-24 Entitlement to possession upon payment to garage keeper.

2A:44-24. When the amount determined by the court to be due to the garage keeper is paid in cash or by certified or cashier's check to the garage keeper and the court costs, if any, are deposited with the clerk of the court the owner or person entitled to possession of the motor vehicle or part thereof shall be entitled to possession of the motor vehicle or part thereof, pursuant to process out of said court. L.1951 (1st SS), c.344; amended 1998, c.122, s.3.

N.J. Stat. § 2A:44-26 Action brought for possession; assertion of claim by garage keeper; procedure.

2A:44-26. In an action brought for possession by the motor vehicle owner or person entitled to possession of the motor vehicle, the garage keeper shall assert his claim for a lien in the court in the manner prescribed by the Rules Governing the Courts of the State of New Jersey. The court may hear and determine the matter in a summary manner, and shall determine the amount due to the garage keeper, if any, and the amount of court costs, if any, due to the court clerk. L.1951 (1st SS), c.344; amended 1998, c.122, s.4.

N.J. Stat. § 2A:44-27 Determination of amount of damages.

2A:44-27. If judgment is rendered for the motor vehicle owner or person entitled to possession of the motor vehicle, the court may fix and determine the amount of damages suffered by the motor vehicle owner or person entitled to possession of the motor vehicle for the seizure and detention of the motor vehicle or part thereof, and render a judgment for such amount against the garage keeper. L.1951 (1st SS), c.344; amended 1998, c.122, s.5.

N.J. Stat. § 2A:44-29 Sale of motor vehicle by garage keeper.

2A:44-29. If no proceedings are taken for the repossession of the motor vehicle or part thereof by the motor vehicle owner or person entitled to possession of the motor vehicle, such property so held by the garage keeper shall, after the expiration of not less than 30 days from the date of the detention, be sold at public auction, subject to any prior lien, title or interest held by virtue of a prior conditional sale or a prior chattel mortgage properly recorded. If an action has been brought under N.J.S.2A:44-26 and the court has ordered payment of money to the garage keeper, the garage keeper shall, upon payment to the garage keeper in cash or by certified or cashier's check of the amount ordered by the court, surrender the motor vehicle or part thereof immediately. If the amount in the court order has not been paid in accordance with this act within 15 days from the date of the order, the property held by the garage keeper may then be sold at public auction, subject to any prior lien, title or interest held by virtue of a prior conditional sale or a prior chattel mortgage properly recorded. L.1951 (1st SS), c.344; amended 1998, c.122, s.6.

N.J. Stat. § 2A:44-30 Notice of sale.

2A:44-30. Notice of the sale, under section 2A:44-29 of this title shall be published for two weeks at least once in each week, in some newspaper circulating in the municipality in which the garage is situate and not less than five days' notice of such sale shall be given by posting the notice at the garage keeper's place of business. L.1951 (1st SS), c.344; amended 1998, c.122, s.7.

N.J. Stat. § 2A:44-31 Application of proceeds of sale.

N.J.S.2A:44-31. The proceeds of the sale shall be applied to the payment of the lien or the amount specified in the order of court and the expenses of the sale. The balance, if any, shall be paid to the owner of the motor vehicle, or part thereof. The balance, if not claimed by the owner within 60 days after sale, shall be paid to the municipality, in which the garage is situated, to provide financial support for social programs for the indigent. L.1951 (1st SS), c.344; amended 1998, c.122, s.8.

N.J. Stat. § 2A:44-32 Lien not impaired by taking judgment for money due; enforcement by levy and sale under execution

A lien held by a person upon chattels in his possession for labor or materials furnished in the repair or construction thereof, shall not be waived, merged or impaired by the recovery of a judgment for the moneys due for such labor or material, but the lien may be enforced by levy and sale under execution upon the judgment. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-33 Sale by public auction to enforce lien

If the lien held by a person upon chattels in his possession for labor or materials furnished in the repair or construction thereof, and the amount due thereon, either in whole or part, shall remain unpaid for 3 months after the same became due and payable, the person having the lien may sell the chattels at public auction. If the chattels are of a nature as to be easily separated or divided, no more shall be sold than necessary, as near as may be, to make sufficient money to pay the lien and expenses of the sale. Notice of the sale shall be given by publishing the notice once in each of the 2 weeks preceding the day of sale in a newspaper circulating in the county and by posting in 5 public places in the municipality in which the chattels are located, and by mailing a copy of the notice to the owner, if his address is known, not less than 5 days before the day of sale. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-34 Proceeds of sale; balance

The proceeds of the sale shall be applied to the payment of the lien and expenses of the sale. The balance, if any, shall be paid to the owner of the chattels when they are taken away or settled for in full. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-35 Definitions

As used in this article: "Hospital" , shall include any hospital owned, operated, or maintained in whole or in part by any person, corporation, charitable association, or other institution, or by any state, county or municipal board or body. "Services" , shall include pharmaceuticals, supplies, examinations, tests and therapies. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-36 Hospital, nursing home and physician entitled to lien for services rendered to injured person as a result of accident

Every hospital and nursing home in this State, and every licensed physician or dentist practicing in this State, shall have a lien in the manner set forth in this article for services rendered, by way of treatment, care or maintenance after, to any person who shall have sustained personal injuries in an accident as a result of the negligence or alleged negligence of any other person. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1413, s. 1, eff. May 15, 1953; L.1970, c. 135, s. 1, eff. July 9, 1970.

N.J. Stat. § 2A:44-37 To what lien attaches

Upon compliance with the provisions of this article, the lien shall attach to any and all rights of action, suits, claims, demands and upon any judgment, award or determination, and upon the proceeds of any settlement of such rights of action, suits, claims, demands, judgments, awards or determinations which any such injured person may have or shall have, assert or maintain against any such other person for damages on account of such injuries, up to the date of payment of such damages. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-38 Amount of hospital lien

The amount of the lien by a hospital for treatment, care and maintenance of an injured person shall not exceed ward rates in such hospital up to the date of payment of moneys or compensation to the injured party. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-39 Amount of physician's or dentist's lien

The amount of the lien of the physician or dentist for services rendered to a person as a result of an accident shall be based on the reasonable value thereof, but not to exceed twenty-five per centum (25%) of the amount of any award, report, decision, judgment or settlement to the injured person. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1413, s. 2, eff. May 15, 1953.

N.J. Stat. § 2A:44-39.1 Amount of nursing home lien

The amount of the lien by a nursing home for care and maintenance of an injured person shall be based on the minimum per diem rate charged by the nursing home for ordinary patient care up to the date of payment of moneys or compensation to the injured party. L.1970, c. 135, s. 8, eff. July 9, 1970.

N.J. Stat. § 2A:44-40 Accidents or injuries under workmen's compensation law excepted

No hospital, nursing home, physician or dentist shall be entitled to a lien under this article where the person was injured as a result of an accident coming within the scope of any workmen's compensation law. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1413, s. 3; L.1970, c. 135, s. 2, eff. July 9, 1970.

N.J. Stat. § 2A:44-41 Notice of lien; filing; contents; fees

No hospital, nursing home, physician or dentist shall be entitled to a lien under this article, unless a notice in writing containing the name and address of the injured person, the date and location of the accident, the date of the first treatment, care or maintenance, the name and address of the hospital, nursing home, physician or dentist, and, if ascertainable by reasonable diligence, the names and addresses of the persons alleged to be liable for damages sustained by such injured person, shall be filed in the office of the county clerk of the county in which such injuries shall have occurred, prior to the payment of any moneys to such injured person or his legal representatives as damages for such injuries, but in no event later than 90 days after the date of such first treatment, care or maintenance. Every county clerk shall, at the expense of the county, provide a suitable, well-bound book, to be called the hospital lien docket and a similar book to be called the physician and dentist lien docket and shall enter therein respectively any liens claimed under this article. As to each claim filed there shall be entered in the proper book the name of the injured person, the date of the accident, the name of the hospital, nursing home, physician or dentist making the claim, as the case may be, and the name of the person alleged to be responsible for the injury. The county clerk shall make a proper index for each book in the name of the injured person. The county clerk shall for filing each notice of a lien claim, and for each search in his office, receive the fees fixed by law. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1414, s. 4; L.1963, c. 99, s. 1, eff. June 13, 1963; L.1970, c. 135, s. 3, eff. July 9, 1970.

N.J. Stat. § 2A:44-42 Notice to person injured and person liable for damages

Within 10 days after the filing of the notice of lien, the hospital, nursing home, physician or dentist shall send by registered mail or serve personally, a copy of such notice with a statement of the date of the filing thereof to or upon the injured person and the person alleged to be liable for damages sustained by such injured person, if such name and address can be ascertained by reasonable diligence. If the hospital, nursing home, physician or dentist shall neglect to give such notice where the name and address of the person injured or the person allegedly causing the injury are known or should be known, the lien shall be void. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1414, s. 5; L.1970, c. 135, s. 4, eff. July 9, 1970.

N.J. Stat. § 2A:44-43 Release of claims; enforcement of lien by action

After the filing and service of the notice of lien, as provided by this article, no release of any judgment, claim or demand by the injured persons shall be valid or effectual as against such lien and the person making any payment to such injured person or his legal representatives, as compensation for the injuries sustained shall be for a period of 1 year from the date of such payment, remain liable to the hospital, nursing home, physician or dentist for the amount of the lien and any such hospital, nursing home, physician or dentist within such period may enforce such lien by action against the person making any such payment. In any such action the defendant may contest the charges by the hospital, nursing home, physician, or dentist, if not in accordance with this article. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1415, s. 6; L.1970, c. 135, s. 5, eff. July 9, 1970.

N.J. Stat. § 2A:44-44 Statement by physician or dentist of injuries and amount of charges

Any person legally liable or against whom a claim is asserted, or his representative, for damages for injuries sustained shall, upon written request, be furnished by any physician or dentist asserting a lien under this article with a statement of the injuries sustained by the injured person and an itemized statement of the charges and services rendered to date. Failure of a physician or dentist to provide such statement shall constitute a valid defense in an action brought to enforce a lien under this article. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1415, s. 7.

N.J. Stat. § 2A:44-45 Statement of charges; examination of records

Any person, legally liable or against whom a claim is asserted for damages for injuries sustained, shall, upon written request, be furnished by any hospital or nursing home asserting a lien under this article with an itemized statement of the charges and services rendered therefor to date and shall be permitted to examine the records of the hospital or nursing home in reference to the treatment, care and maintenance of the injured person therein. Failure of the hospital or nursing home to provide such statement or permit such examination shall constitute a valid defense in an action brought to enforce a lien under this article. L.1951 (1st SS), c.344; amended by L.1970, c. 135, s. 6, eff. July 9, 1970.

N.J. Stat. § 2A:44-46 Discharge of lien; procedure; fees

Any hospital, nursing home, physician or dentist having filed a lien under this article, shall upon payment or release thereof, file or cause to be filed in the office of the county clerk wherein the lien is filed, a duly acknowledged certificate of such payment or release and authorizing the county clerk to discharge the lien. Thereupon such clerk shall file said certificate in the name of the injured person, and the lien shall be discharged. For this service the clerk shall be paid the fee fixed by law. L.1951 (1st SS), c.344; amended by L.1953, c. 163, p. 1416, s. 8, eff. May 15, 1953; L.1970, c. 135, s. 7, eff. July 9, 1970.

N.J. Stat. § 2A:44-47 "Hotel" and "guest" defined

As used in this article: a. "Hotel" includes inns and boarding houses. b. "Guest" includes boarders and lodgers. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-48 Lien of hotel, apartment hotel, inn and boarding house proprietor

The proprietor of any hotel, apartment hotel, inn or boarding house shall have a lien on all baggage, and other property belonging to any guest, or brought upon the premises by any guest, tenant, boarder or lodger, for the amount of his bill due to the proprietor thereof for the hire or rent of rooms, board, lodging, cash advanced or other accommodations furnished in said hotel, apartment hotel, inn or boarding house, and shall have the right, without process of law, to retain the same until the said amount of indebtedness is discharged. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-49 Sale of retained property; notice; disposition of proceeds

Property retained by the hotel, apartment hotel, inn or boarding house proprietor under this article may be sold at public auction upon a notice published for 3 days in a newspaper circulating in the municipality wherein said hotel, apartment hotel, inn or boarding house is kept. The proceeds of the sale after the deduction of the expenses thereof shall be applied to the payment of the indebtedness and the balance, if any, shall be paid over to the owner of such property or his representative. The balance, if not claimed by such owner or his representative within 30 days after such sale, shall be paid to the municipality for the support of the poor. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-51 Right of lien; retention of property when amount due unpaid; "keeper of a livery stable" defined

2A:44-51. Every keeper of a livery stable or boarding and exchange stable, shall have a lien on all animals left with him in livery, for board, sale or exchange and upon all carriages, wagons, sleighs and harness left with him for storage, sale or exchange for the amount due such proprietor for the board and keep of such animal and also for such storage, and shall have the right, without process of law, to retain the same until the amount of such indebtedness is discharged. As used in this section, "keeper of a livery stable" shall include, but need not be limited to, a proprietor of a stable, a trainer, a veterinarian, a farrier, or any other person who has a financial relationship with the owner of the horse. L.1951 (1st SS), c.344; amended 1997, c.2.

N.J. Stat. § 2A:44-52 Sale of retained property; disposition of proceeds

Property retained by the proprietor under this article shall be sold at public auction, after the expiration of 30 days from the date of such retention. Notice of the sale shall be first published once in each of the 2 weeks preceding the day of the sale in a newspaper circulating in the municipality in which the stable is situated, and 5 days' notice of the sale shall be given by posting a copy of the notice in 5 public places in the municipality. The proceeds of sale after the deduction of the expenses thereof shall first be applied to the payment of the indebtedness, and the balance, if any, shall be paid to the owner of the property, or his representative. The balance, if not claimed by the owner within 60 days after sale, shall be paid to the municipality, in which the stable is situated, for the support of the poor. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-53 Compensation to persons taking up and securing drift lumber or boats

Any person taking up drift lumber, rails, posts and other valuable lumber, or boats, scows, skiffs, barges or other craft, which may be found adrift in any of the rivers or other waters in, running through or bordering on this state, or lodged on the land in this state of any person, and who shall, in all things, comply with the requirements of this article, may demand of and recover from the owner of the same, as full compensation for his expense and labor in taking up and securing same the following amounts: For single logs or other single pieces of drift lumber, rails, posts or other valuable lumber, $.12 each; For joined sections of lumber or parts of rafts, $.10 for each log or timber or supporting piece of lumber, and $.25 for each and every 1,000 linear feet, but not exceeding a total of $5 for the entire joined section of lumber or part of raft; For a whole raft, or for boats, skiffs, scows, barges or other craft, $5 for each. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-54 Drift lumber or boats taken up to be secured and kept; advertisement thereof; sale and disposition of proceeds

Each person taking up any of the lumber or craft under this article shall secure and keep the same for 6 days in some convenient place, within 20 yards of the margin of the river or other waters in which the same may be found. If, within the 6 days, the same shall not be claimed by the owner thereof, and shall be of the value of $5 or over, the person taking up the same shall make advertisement thereof in a newspaper circulating in the neighborhood, at least once a week for a period of 6 weeks. The advertisement shall contain a true description of the lumber or boat taken up and a notice where the same is located. If the owner of such lumber or craft shall not claim the same on or before the date of the last advertisement, the person who has taken up and secured the same may sell the property at a public or private sale, at a fair and reasonable price. The proceeds of such sale, after deducting the compensation allowed by this article, and the expenses of the advertisement and sale, shall be held by the seller for 1 year after the sale, subject to the claim of the owner of the lumber or craft so sold, due proof of ownership thereof being first made. If no owner shall appear to claim such proceeds of sale, or, having appeared, shall fail to make due proof of ownership, the said proceeds of the sale shall become the property of the person so selling the same. If the value of the lumber or craft shall be under $5 and, if the same shall not be claimed by the owner thereof within 90 days from the time when they were taken up and secured, the person taking up and securing the same may appropriate them to his own use without making any advertisement or sale thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-55 Affidavit of claimant

Any person claiming to be the owner of any lumber or craft found adrift and taken up and secured under this article, or his agent, shall, upon request verify his claim in writing under oath. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-56 Rights and title of owners of lumber or boats taken up

Any person, or his agent, presenting such a written claim and paying the compensation, together with the expenses of the advertisement thereof, pursuant to this article, shall be entitled to the immediate possession thereof, and, as against the person taking up any such lumber or craft, such claim shall, in all courts of this state, be conclusive evidence of title. This section shall not be construed to affect in any way the title to any such lumber or craft as between any person claiming ownership thereof and other claimants thereto. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-57 Definitions.

As used in this article: "Apparel" includes the tackle and furniture of a vessel. "Owner" includes a master, agent, consignee or commander of a vessel. "Vessel" includes all ships, steamboats or other craft. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-58 Application of article

This article shall apply to all vessels, whether or not enrolled, licensed or registered. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-59 Debt continuing lien upon vessel; preferences

A debt contracted by an owner of a vessel within this State, shall be a continuing lien upon the vessel and her apparel until paid, for: a. Labor performed or materials or articles furnished in this State for the building, repairing, fitting, furnishing or equipping the vessel in this State at the time when the same was performed or were furnished; or b. Supplies, provisions and stores furnished within this State for the use of the vessel; or c. Towing, wharfage and drydockage of the vessel and the expenses of keeping the same in storage in port in water or on land, including expenses incurred in taking care of and employing persons to watch the vessel. The lien shall be preferred to all other liens on the vessel, except mariner's wages. Amended by L.1976, c. 55, s. 1, eff. July 27, 1976. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-60 Action to enforce lien

2A:44-60. Any person having a lien under this article may enforce the same by an action in the Superior Court. L.1951 (1st SS), c.344; amended 1991,c.91,s.93.

N.J. Stat. § 2A:44-61 Process of attachment; bond; sale of vessel; creditors

In any such action the lien claimant shall be entitled to process of attachment and the court may require or dispense with the giving of a bond. The court may allow other lien claimants and unsecured creditors to become parties to the action. The court may therein determine in a summary manner any issue arising in the action. The court may order a sale of the vessel at such time and upon such terms as it shall prescribe and fix the amounts of the expenses incurred in any such sale and direct the disposition of the proceeds of the sale. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-62 Lien not enforceable against vessel seized under process of United States courts

No proceeding had under this article to enforce a lien shall be had against a vessel seized by virtue of process issuing from a United States court having admiralty jurisdiction while the vessel is actually held under such seizure, nor against a vessel sold by order of such court except for debts contracted after the sale. Nothing in this section shall be construed to impair the validity of a lien created by this article, the payment of which shall be ordered, adjudged or decreed by a court of the United States. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-63 Lien on vessel causing damage to another; enforcement

When a vessel shall have been run down or run afoul of by any other vessel and is damaged to the extent of $20 or more through the negligence or willful misconduct of the navigator of such other vessel, the owner of the damaged vessel shall have a lien upon the other vessel and her apparel to the amount of the damage sustained. Any such lien shall be enforceable in the same manner as in the case of other liens under this article. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-125 Short title

This article may be cited as the "municipal mechanics' lien law" . L.1951 (1st SS), c.344.

N.J. Stat. § 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 this state authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality. "Subcontractor" means a person having a contract under a contractor for the performance of the same work, or any specified part thereof, and also a person having such a contract with a subcontractor, for the performance of the same work or any specified part thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 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.

N.J. Stat. § 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 improvement made between any person and a public agency as defined in N.J.S.2A:44-126 and authorized by law to make contracts for the making of public improvements, performs any labor or furnishes any materials, including the furnishing of oil, gasoline or lubricants and vehicle use, toward the performance or completion of any such contract, shall, on complying with the provisions of subsection b. of N.J.S.2A:44-128, N.J.S.2A:44-132 and N.J.S.2A:44-133, have a lien for the value of the labor or materials, or both, upon the moneys due or to grow due under the contract and in the control of the public agency, to the full value of the claim or demand. The lien may be filed and, to the extent of the amount due or to grow due under the contract, shall become an absolute lien to the full value of the labor performed or materials furnished in favor of every person and his representatives and assigns employed by or furnishing materials to the contractor or subcontractor. No public agency shall be required to pay a greater amount than the contract price of the labor performed and materials furnished or the value thereof when no specific contract is made with respect to the same by the contractor or subcontractor, respectively. b. Any person who may seek to assert a lien under subsection a. of this section shall, within 20 days of the first performance of work or performance of work or delivery of labor or materials to a subcontractor, file with the municipal clerk, the chief financial officer of the county or the chairman of the commission, board or authority, whichever is appropriate, written notice that he or she has furnished labor or materials to the subcontractor. The notice shall contain the name, address and telephone number of the person providing the labor or materials, the name and geographical location of the public improvement for which the labor or materials have been supplied, the name of the subcontractor to which the labor or materials have been supplied, a description of the labor or materials supplied, and the date that the labor or materials were first supplied to the subcontractor. The officer of the public agency shall maintain a separate file for all written notices which shall be available to the public for inspection and copying during regular business hours. Failure to provide this written notice as required within 20 days of the first performance of work or delivery of labor or materials to the subcontractor shall be a bar to secure a lien for the labor or materials provided, unless there is money owing from the contractor to the subcontractor to whom the labor or materials were provided, in which case the lien shall be limited in value to a sum not greater than the money owing from the contractor to the subcontractor. The public entity with which the notice required by this section is filed may charge an inquiry fee for information contained in the notice to any person, including the contractor. The inquiry fee shall be reasonable and shall be set to reflect the cost to the public entity of retrieving the information. Notwithstanding the provisions of this section to the contrary, if a notice is filed after the 20-day period, the person so filing may assert a lien under subsection a. of this section for any labor or materials provided on or after that filing date. No additional notice shall be required for work or materials provided under the same public improvement contract subsequent to the initial notice, notwithstanding that the work and materials may be provided under a separate contract or purchase order. Written notice shall be substantially in the following form: NOTICE OF THE DELIVERY OF LABOR OR MATERIALS In accordance with the terms and provisions of the "Municipal Mechanics' Lien Law," N.J.S.2A:44-125 et seq., notice is hereby given that: 1. (Name of person supplying labor or materials) of (address of person supplying labor or materials) has on (date) provided to (name of subcontractor) the following: (description of labor or materials). My telephone number is (telephone number of person supplying labor or materials). 2. The (description of labor or materials) were provided for the (name of public improvement) in (name of municipality), New Jersey. Signed:.......................................... For:............................................... Individual, firm or corporation........... c. Funds received by a contractor and paid to a subcontractor or supplier for work performed or labor or materials supplied pursuant to a contract for any public improvement shall be applied only to amounts due and owing for work performed or labor or materials supplied for such public improvement. Any subcontractor or supplier who knowingly applies such payment received from the contractor on the public improvement to amounts due and owing for work performed or labor or materials supplied on a construction project other than the public improvement and then claims a lien on the public improvement for non-payment shall forfeit all lien rights under this title. A subcontractor or supplier forfeiting his lien rights pursuant to this section shall be liable for all damages incurred by any contractor as a result of the misapplication of such funds, including attorney's fees, and shall be liable for all court costs and reasonable legal expenses, including attorneys' fees, incurred by the contractor in defending or causing the discharge of the lien claim. L.1951 (1st SS), c.344; amended 1996, c.81, s.1.

N.J. Stat. § 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 to the contractor from the public agency under the contract against which the lien claim is filed unless released as provided by section 2A:44-130 of this title. L.1951 (1st SS), c.344.

N.J. Stat. § 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 of all claims filed under the provisions of this article against the contract or the funds due or to grow due thereunder, and conditioned for the payment of such sum as may be adjudged to be due under such claims. The bond shall be approved, as to the form by the chief law officer of the public agency, and, as to the sufficiency thereof, by the financial officer with whom it is filed. L.1951 (1st SS), c.344.

N.J. Stat. § 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 materials furnished for a public improvement referred to in this article even though such assignment was made prior to filing of notice by the lien claimant, but not if such money had been paid to the assignee at the time of the filing of notice. L.1951 (1st SS), c.344.

N.J. Stat. § 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 head officer or with the secretary or clerk of the public agency, a notice of lien claim verified by oath of the claimant or his agent. L.1951 (1st SS), c.344.

N.J. Stat. § 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 will be due; c. The amount, as near as may be, of the demand after deducting all just credits and offsets; d. The name of the person by whom employed or to whom the materials were furnished and whether he is the contractor with the public agency or a subcontractor; e. The general nature of the public work to which the contract relates; f. The name of the contractor and the name of the public agency with which the contract was made; and g. That the labor was performed for, or materials furnished to, the contractor or subcontractor, specifying which, and that they were actually performed or used in the execution or completion of the contract with the public agency. No variance as to the name of the contractor or subcontractor or name of the public agency shall affect the validity of the claim or lien. L.1951 (1st SS), c.344.

N.J. Stat. § 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 public agency who shall, in a lien book kept by him, enter: a. The name and residence or place of business of the claimant; b. The name of the contractor and of the subcontractor, if any, referred to in the lien; c. The amount and date of the filing; and d. A brief designation of the contract upon which the claim is made. Failure of the officer of the public agency to notify the financial officer or of the financial officer to make entry in the lien book, shall not affect the validity of the claim. L.1951 (1st SS), c.344.

N.J. Stat. § 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 public agency, to have an interest in the fund in the possession of the public agency, that the claim is filed and requiring the contractor or person in interest to show cause before the governing board of the public agency, within 5 days from the service of notice, why the claim should not be paid. L.1951 (1st SS), c.344.

N.J. Stat. § 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:44-135 of this title, a statement duly verified, that the lien claim is unfounded and untrue, specifying in what respects the same is unfounded and untrue, the public agency may pay, without the order of any court, the claim out of the funds in its possession upon which the claimant has a lien. When payment is so made the public agency shall not be obliged to pay the same to the contractor but shall be entitled to credit upon the contract for the amount so paid. Nothing in this article contained shall impair the right of the priority of the claim or lien of a laborer as between the right of the laborer and a claimant or other person entitled to a lien. L.1951 (1st SS), c.344.

N.J. Stat. § 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 determine or terminate said liens may be brought in said court by the contractor, subcontractor or public agency. L.1951 (1st SS), c.344.

N.J. Stat. § 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 the contractor is either completed or accepted by resolution of the public agency, but if any action be brought by any claimant the lien of any other claimant may be preserved and enforced by filing an answer setting up his claim in such action within the time allowed by the practice of, or within such time as may be allowed him by, the court. L.1951 (1st SS), c.344.

N.J. Stat. § 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 contractor, the subcontractor referred to in the claims, and the public agency with whom the contract was made. If the public agency is not a corporation, then the county or municipality under which it is constituted shall be made a party defendant. L.1951 (1st SS), c.344.

N.J. Stat. § 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 and defendants and of all other liens which may be filed within the time prescribed by this article and the amount due from the public agency to the contractor under the contract and from the contractor or subcontractor to the respective claimants and shall enter judgment directing the public agency, out of moneys due from it to the contractor, to pay to the several claimants the sums found due to them respectively, with interest and costs upon claims adjudged to be just and valid under this article. If the amount due from the public agency to the contractor is not sufficient to make the payments in full, distribution shall be made ratably without regard to the priority in filing claims, and in either case the claims of the subcontractors shall be chargeable with the amounts paid to the claimants under them for labor performed and materials furnished in the execution of the subcontract; provided, however, a laborer shall have a lien prior to other liens upon filing notice under this article at any time before payments are due and made. L.1951 (1st SS), c.344.

N.J. Stat. § 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 thereby from seeking judgment for a further sum. L.1951 (1st SS), c.344.

N.J. Stat. § 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 attorney of record, stating that the lien is discharged; b. The lapse of 60 days since the completion of the work to be performed or the acceptance of the same by resolution of the public agency without the commencement of an action to enforce the lien claim or the filing of answer, within the time allowed by the practice of, or within such time as may be allowed him by, the superior court, asserting such lien in an action brought by another claimant; c. Satisfaction of a judgment rendered in an action to enforce the lien or claim; or d. The final judgment of the superior court in an action to enforce the lien to which the claimant was a party. L.1951 (1st SS), c.344.

N.J. Stat. § 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 State or any contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), or school district, the board, officer or agent contracting on behalf of the State, contracting unit or school district, shall require delivery of the payment and performance bond issued in accordance with N.J.S.2A:44-147 and otherwise, as provided for by law, with an obligation for the performance of the contract and for the payment by the contractor for all labor performed or materials, provisions, provender or other supplies, teams, fuels, oils, implements or machinery used or consumed in, upon, for or about the construction, erection, alteration or repair of such buildings, works or improvements provided by subcontractors or material suppliers in contract with the contractor, or subcontractors or material suppliers in contract with a subcontractor to the contractor, which class of persons shall be the beneficiaries of the payment and performance bond. The board, officer or agent shall also require that all payment and performance bonds be issued by a surety which meets the following standards: (a) The surety shall have the minimum surplus and capital stock or net cash assets required by R.S.17:17-6 or R.S.17:17-7, whichever is appropriate, at the time the invitation to bid is issued; and (b) With respect to all payment and performance bonds in the amount of $850,000 or more, (i) if the amount of the bond is at least $850,000 but not more than $3.5 million, the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C. 9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570, except that if the surety has been operational for a period in excess of five years, the surety shall be deemed to meet the requirements of this subsubparagraph if it is rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and (ii) if the amount of the bond is more than $3.5 million, then the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C. 9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570 and, if the surety has been operational for a period in excess of five years, shall be rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). A surety subject to the provisions of subsubparagraph (ii) of this subparagraph which does not hold a certificate of authority issued by the United States Secretary of the Treasury shall be exempt from the requirement to hold such a certificate if the surety meets an equivalent set of standards developed by the Commissioner of Insurance through regulation which at least equal, and may exceed, the general criteria required for issuance of a certificate of authority by the United States Secretary of the Treasury pursuant to 31 U.S.C. 9305. A surety company seeking such an exemption shall, not later than the 180th day following the effective date of P.L.1995, c.384, certify to the appropriate contracting unit that it meets that equivalent set of standards set forth by the commissioner as promulgated. (2) When such contract is to be performed at the expense of the State and is entered into by the Director of the Division of Building and Construction or State departments designated by the Director of the Division of Building and Construction, the director or the State departments may: (a) establish for that contract the amount of the bond at any percentage, not exceeding 100%, of the amount bid, based upon the director's or department's assessment of the risk presented to the State by the type of contract, and other relevant factors, and (b) waive the bond requirement of this section entirely if the contract is for a sum not exceeding $200,000. (3) When such a contract is to be performed at the expense of a contracting unit or school district, the board, officer or agent contracting on behalf of the contracting unit or school district may: (a) establish for that contract the amount of the bond at any percentage, not exceeding 100%, of the amount bid, based upon the board's, officer's or agent's assessment of the risk presented to the contracting unit or school district by the type of contract and other relevant factors, and (b) waive the bond requirement of this section entirely if the contract is for a sum not exceeding $100,000. b. A surety's obligation shall not extend to any claim for damages based upon alleged negligence that resulted in personal injury, wrongful death, or damage to real or personal property, and no bond shall in any way be construed as a liability insurance policy. Nothing herein shall relieve the surety's obligation to guarantee the contractor's performance of all conditions of the contract, including the maintenance of liability insurance if and as required by the contract. Only the obligee named on the bond, and any subcontractor performing labor or any subcontractor or materialman providing materials for the construction, erection, alteration or repair of the public building, work or improvement for which the bond is required pursuant to this section, shall have any claim against the surety under the bond. c. A board, officer or agent contracting on behalf of the State, contracting unit or school district shall not accept more than one payment and performance bond to cover a single construction contract. The board, officer or agent may accept a single bond executed by more than one surety to cover a single construction contract only if the combined underwriting limitations of all the named sureties, as set forth in the most current annual revision of United States Treasury Circular 570, or as determined by the Commissioner of Insurance pursuant to R.S.17:18-9, meet or exceed the amount of the contract to be performed. d. A board, officer or agent contracting on behalf of the State, contracting unit or school district shall not accept a payment or performance bond unless there is attached thereto a Surety Disclosure Statement and Certification to which each surety executing the bond shall have subscribed. This statement and certification shall be complete in all respects and duly acknowledged according to law, and shall have substantially the following form: SURETY DISCLOSURE STATEMENT AND CERTIFICATION .............................., surety(ies) on the attached bond, hereby certifies(y) the following: (1) The surety meets the applicable capital and surplus requirements of R.S.17:17-6 or R.S.17:17-7 as of the surety's most current annual filing with the New Jersey Department of Insurance. (2) The capital (where applicable) and surplus, as determined in accordance with the applicable laws of this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amount(s) as of the calendar year ended December 31, ......... (most recent calendar year for which capital and surplus amounts are available), which amounts have been certified as indicated by certified public accountants (indicating separately for each surety that surety's capital and surplus amounts, together with the name and address of the firm of certified public accounts that shall have certified those amounts): ............................................. ............................................. ............................................. (3) (a) With respect to each surety participating in the issuance of the attached bond that has received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C. 9305, the underwriting limitation established therein and the date as of which that limitation was effective is as follows (indicating for each such surety that surety's underwriting limitation and the effective date thereof): ............................................ ............................................ ............................................ (b) With respect to each surety participating in the issuance of the attached bond that has not received such a certificate of authority from the United States Secretary of the Treasury, the underwriting limitation of that surety as established pursuant to R.S.17:18-9 as of (date on which such limitation was so established) is as follows (indicating for each such surety that surety's underwriting limitation and the date on which that limitation was established): ........................................... ........................................... ........................................... (4) The amount of the bond to which this statement and certification is attached is $ ...... . (5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under item (4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b) above, or both, then for each such contract of reinsurance: (a) The name and address of each such reinsurer under that contract and the amount of that reinsurer's participation in the contract is as follows:.............................. .......................................... .......................................... ............................................; and (b) Each surety that is party to any such contract of reinsurance certifies that each reinsurer listed under item (5)(a) satisfies the credit for reinsurance requirement established under P.L.1993, c.243 (C.17:51B-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and certification is attached shall have been filed with the appropriate public agency. CERTIFICATE (to be completed by an authorized certifying agent for each surety on the bond) I ........................ (name of agent), as ....................................... (title of agent) for .............................. (name of surety), a corporation/mutual insurance company/other (indicating type of business organization) (circle one) domiciled in ......................... (state of domicile), DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made by me are true, and ACKNOWLEDGE that, if any of those statements are false, this bond is VOIDABLE. ................................................ (Signature of certifying agent) ......................................................... (Printed name of certifying agent) ....................................................... (Title of certifying agent) L.1951 (1st SS), c.344; amended 1979, c.408; 1989, c.316; 1991, c.454; 1995, c.38, s.2; 1995, c.384, s.1; 1996, c.81, s.2.

N.J. Stat. § 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 approved by the board, officer or agent acting on behalf of the State, contracting unit or school district, in an amount equal to 100 per cent of the contract price. The payment bond shall be conditioned for the payment by the contractor of all indebtedness which may accrue to any person, firm or corporation designated as a "beneficiary" pursuant to N.J.S.2A:44-143, in an amount not exceeding the sum specified in the bond, on account of any labor performed or materials, provisions, provender or other supplies, or teams, fuels, oils, implements or machinery used or consumed in, upon, for or about the construction, erection, alteration or repair of the public building or public work or improvement. The payment bond shall be deposited with and be held by the board, officer or agent acting on behalf of the State, contracting unit or school district, for the use of any beneficiary thereof. L.1951 (1st SS), c.344; amended 1995, c.384, s.2; 1996, c.81, s.3.

N.J. Stat. § 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 commencing any work, provide written notice to the contractor by certified mail or otherwise, provided that he shall have proof of delivery of same, that said person is a beneficiary of the bond. If a beneficiary fails to provide the required written notice, the beneficiary shall only have rights to the benefits available hereunder from the date the notice is provided. Any beneficiary, as defined in N.J.S.2A:44-143, to whom any money shall be due on account of having performed any labor or furnished any materials, provisions, provender or other supplies, or teams, fuels, oils, implements or machinery in, upon, for or about the construction, erection, alteration or repair of any public building or other public work or improvement, shall, at any time before the expiration of one year from the last date upon which such beneficiary shall have performed actual work or delivered materials to the project, in the case of a material supplier, furnish the sureties on the bond required by this article a statement of the amount due to him. No action shall be brought against any of the sureties on the bond required by this article until the expiration of 90 days after provision to the sureties and the contractor of the statement of the amount due to him, but in no event later than one year from the last date upon which such beneficiary shall have performed actual work or delivered materials to the project. L.1951 (1st SS), c.344; amended 1996, c.81, s.4.

N.J. Stat. § 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 shall, within one year from the last date that work was performed or materials were supplied by that person, bring an action in his own name upon the bond required by this article. L.1951 (1st SS), c.344; amended 1996, c.81, s.5.

N.J. Stat. § 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, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. "Signed this ....... day of .................... , 19..... . "The condition of the above obligation is such that whereas, the above named principal did on the .............. day of .................................., 19 ........, enter into a contract with , which said contract is made a part of this the bond the same as though set forth herein; "Now, if the said ............................. shall well and faithfully do and perform the things agreed by ................................... to be done and performed according to the terms of said contract, and shall pay all lawful claims of beneficiaries as defined by N.J.S.2A:44-143 for labor performed or materials, provisions, provender or other supplies or teams, fuels, oils, implements or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any beneficiary as defined in N.J.S.2A:44-143 having a just claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. "The said surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the said contract or in or to the plans or specifications therefor shall in anywise affect the obligation of said surety on its bond." Recovery of any claimant under the bond shall be subject to the conditions and provisions of this article to the same extent as if such conditions and provisions were fully incorporated in the form set forth above. L.1951 (1st SS), c.344; amended 1996, c.81, s.6.

N.J. Stat. § 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 contract for any public improvement made between any such person and the state or any agency, commission or department thereof, or any county, municipality or school district in the state, shall constitute a trust fund in the hands of such person as such contractor, until all claims for labor, materials and other charges incurred in connection with the performance of such contract shall have been fully paid. L.1951 (1st SS), c.344.

N.J. Stat. § 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.

N.J. Stat. § 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 charge of the cemetery. L.1951 (1st SS), c.344.

N.J. Stat. § 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 the monument for all or the unpaid part of the purchase price thereof, with interest, specifying the amount agreed to be paid, the amount unpaid with a description of the monument and the location of the plot upon which it stands and the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of the labor, was made. The notice shall be signed and verified by the lienor. L.1951 (1st SS), c.344.

N.J. Stat. § 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 made, and upon the owner of the lot upon which the monument is erected, if his name and residence can be ascertained. L.1951 (1st SS), c.344.

N.J. Stat. § 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 the purchase and erection of the monument or for the performance of labor thereon. The lienor may, if he recovers judgment, remove the monument from the cemetery and sell the same at public auction to satisfy the amount of such judgment. L.1951 (1st SS), c.344.

N.J. Stat. § 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 notice to be given of the sale. L.1951 (1st SS), c.344.

N.J. Stat. § 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 removed, and shall retain out of such proceeds the amount due upon the judgment recovered in the action to enforce the lien. The residue, if any, shall be forthwith paid to the judgment debtor. L.1951 (1st SS), c.344.

N.J. Stat. § 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 as prescribed by this article, except pursuant to the terms of a judgment recovered in an action brought to enforce the lien. No officer or person connected with a cemetery shall hinder or obstruct the removal, in a proper manner, of the monument pursuant to the terms of such judgment. L.1951 (1st SS), c.344.

N.J. Stat. § 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, cotton, wool, silk, artificial silk, yarns, synthetic fibers or goods, skins, pelts, furs or hides, or goods of which linen, cotton, wool, silk, artificial silk, yarns, synthetic fibers, skins, pelts, furs or hides form a component part. "Debtor" means a person indebted to a "processor" for labor performed or materials furnished in and about the business mentioned in the preceding paragraph of this section. "Owner" means a person having title to the property herein described, either at law or in equity, or having a lien or encumbrance thereon or an interest in the same, other than the lien of the processor herein created. "Person" includes a natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof. "Property" includes linen, cotton, wool, silk, artificial silk, yarns, synthetic fibers or goods, skins, pelts, furs or hides, or goods of which linen, cotton, wool, silk, artificial silk, yarns, synthetic fibers, skins, pelts, furs or hides form a component part. L.1951 (1st SS), c.344; amended by L. 1985, c. 492, s. 1, eff. Jan. 21, 1986.

N.J. Stat. § 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 performed labor or having furnished materials for that person in and about the spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing or scraping, or otherwise treating or processing or shipping, trucking and storing of said property. b. A processor shall be entitled to a lien upon the property of any person which comes into the processor's possession at a time when that person is indebted to the processor for labor previously performed or materials previously furnished or both in or about the spinning, throwing, manufacturing, bleaching, mercerizing, dyeing, weighting, printing, finishing, dressing or scraping, or otherwise treating or processing or shipping, trucking or storing of other property of the debtor previously released, delivered, relinquished, shipped or surrendered by the processor, for the entire indebtedness owed to the processor by the debtor. L.1951 (1st SS), c.344; amended by L. 1985, c. 492, s. 2, eff. Jan. 21, 1986.

N.J. Stat. § 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 by the processor having released, delivered, relinquished, shipped or surrendered property of the debtor without having been paid in full at the time of the release, delivery, relinquishment, shipment or surrender; or by any extension of credit by the processor to any person at any time. The lien may be enforced as though the judgment had not been recovered; the bill or note had not been taken; the goods had not been released, delivered, relinquished, shipped or surrendered without full payment; or the processor had not agreed to extend credit. The lien and the indebtedness under section 2A:44-158 of this title may be assigned without impairing the lien, and the lien may be enforced by the assignee directly, or on his behalf by the assignor, to the extent of the indebtedness so assigned. L.1951 (1st SS), c.344; amended by L. 1985, c. 492, s. 3, eff. Jan. 21, 1986.

N.J. Stat. § 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 auction. L.1951 (1st SS), c.344.

N.J. Stat. § 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 shall also be posted in 5 or more public places in the county, one at least being in the municipality where the property is located, within 15 days but not less than 5 days, before the sale. A copy of the notice shall be mailed to the owner of the property, if known, at least 5 days before the day of the sale, at his last known post-office address. L.1951 (1st SS), c.344.

N.J. Stat. § 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. The balance of the proceeds, if any, shall be paid to those entitled thereto. L.1951 (1st SS), c.344.

N.J. Stat. § 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.

N.J. Stat. § 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 have consented or authorized the acquiring of possession of the property by the processor. Such consent may be inferred from a course of business or dealings or otherwise. The paramount right of the processor shall not be surrendered or waived except by express written agreement between the parties involved. L.1951 (1st SS), c.344.

N.J. Stat. § 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 rent space for manufacturing or other purposes. "Owner" includes a person, partnership or corporation having or acquiring title to property herein referred to or having or acquiring a legal or equitable interest in the same. L.1951 (1st SS), c.344.

N.J. Stat. § 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 be paramount to any title, lien, interest, mortgage, judgment or other encumbrance created or acquired after machinery or other chattels are placed in the premises. Such priority shall extend only to the amount of unpaid rent for not more than 6 months. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-167 Sale to meet lien; notice; publication

When a rentor has a lien upon the machinery or other chattels of any rentee for unpaid rent, and the amount due shall remain due and unpaid, either in whole or in part, he may expose or cause to be exposed such machinery or other chattels for sale, and sell the same free and clear of such liens and encumbrances, to which the lien of the rentor is given priority by section 2A:44-166 of this title, at public auction, upon notice of sale being published 2 times for 2 consecutive weeks, once in each week, preceding the day of sale, in a newspaper published in the county in which such machinery or other chattels are located and notice of sale being posted in 5 or more public places in such county, one of which shall be in the municipality in which such machinery or other chattels are located, within 15 days but not less than 5 days, before the sale. A copy of the notice shall be mailed to the owner, if known, at least 5 days before the day of sale, at his last known post-office address. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-168 Disposition of proceeds of sale

The proceeds of the sale under section 2A:44-167 of this title shall be applied: a. To the payment of the reasonable and necessary expenses of such sale, and next b. To the payment of the unpaid rent for which the rentor has a lien, and next c. To the payment of liens or encumbrances which are subordinate to the lien of the rentor in the order of their priority. The balance if any shall be paid to the rentee, or the whole balance if any may be paid into the superior court. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-169 Definitions

As used in this article: a. The term "film laboratory work, labor, services or materials" shall mean the developing of any negative or negatives of a motion picture, printing from negative or negatives thereof, the making or furnishing of any positive print or prints thereof, the making, furnishing, printing, superimposing, or inserting, of titles in any negative or negatives thereof, or in any positive print or prints of a motion picture, the cutting, cleaning, polishing, keeping, storing, or assembling or otherwise processing, of any negative or negatives or positive print or prints of a motion picture, the furnishing of any containers for the handling or shipping of any such negatives or prints, and the doing, furnishing or performing of any and all other film laboratory work, labor, services and materials. b. The term "processor" includes all persons, partnerships and corporations engaged or that may be engaged in the business, or any part thereof, of making, doing or furnishing film laboratory work, labor, services or materials. c. The term "motion picture film" includes all negative and positive prints, together with the distribution and exhibition rights, the story, dialogue and music rights included therein and the copyright thereto. d. The term "owner" with respect to any motion picture film includes all persons, partnerships and corporations having title to motion picture film, either at law or in equity, and all other persons, partnerships and corporations having or entitled to the possession of the motion picture film, whether he be a conditional vendee or mortgagor remaining in possession, or otherwise. e. The term "party authorized with respect to any motion picture film" includes any lessee, licensee or grantee of any distribution or exhibition or exploitation rights of any motion picture film, or of any other right, title or interest in or to such motion picture film, or any agent of the owner, or any mortgagee or conditional vendee of such motion picture film, or any person, firm or corporation in possession of any motion picture film, or any person, partnership or corporation who or which may contract for any motion picture film, laboratory work, labor, services or materials in connection with such motion picture, or any agent of any of the foregoing persons, partnerships or corporations. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-170 Property subject to lien; right to detain

In every case where a processor shall make, do or furnish any film laboratory work, labor, services or materials in connection with any motion picture film or advance or loan money in connection therewith, or in connection with the production or distribution thereof, to or for the account of, or at the request of, or with the consent or knowledge of, the owner thereof, or of any party authorized with respect to such motion picture film, such processor shall have a lien upon such motion picture film, and upon all other motion picture films of such owner and of all parties authorized with respect to such motion picture film, negative or negatives or positive print or prints which are in the possession of the processor. Such processor may, without process of law, detain the negatives and positives of all such motion picture films at any time in its possession until the payment to such processor of all indebtedness due or to grow due to such processor on account of such film laboratory work, labor, services or materials, so made, done or furnished by it and on account of all moneys paid out, loaned or advanced by such processor in connection therewith or in connection with the production or distribution of such motion picture film. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-171 Waiver or impairment of lien

No lien acquired by any processor shall be waived or impaired by the extension of any credit, or by the taking of any note or other instrument for the payment of the above-mentioned moneys due or to grow due to any such processor, or by the taking of any security for the payment thereof, or by the recovery of any judgment for such moneys. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-172 Sale of property subject to lien; notice

The processor, having a lien upon a motion picture film or films, may cause the same to be sold at public auction, at any time after the date when any indebtedness on account of which such processor shall have such lien shall become due and payable. Notice of such sale shall be given by publishing such notice once in each week for each of the two weeks preceding the day of such sale, in a newspaper circulating in the municipality in which the said property to be sold is situated, by posting a copy of the notice of sale in 5 public places in such municipality at least 5 days before the day of such sale, and by giving at least 10 days' written notice of the sale to the owner or party authorized with respect to such motion picture film or films to be sold, either by personal service or by registered mail addressed with the last known address of such owner or authorized party. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-173 Disposition of proceeds of sale

The proceeds of the sale shall be applied first to the payment of the expenses of the sale, not to exceed the legal newspaper advertising fees, plus $10, and then to the payment of the lien. The balance, if any, shall be paid to the owner of, or party authorized with respect to, the motion picture film or films, or any part thereof so sold. The balance, if not claimed by the owner or party authorized with respect to such motion picture film or films, within 60 days after sale, shall be paid to the municipality for the support of the poor. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-174 Right of lien; retention

Every person, firm or corporation who shall perform work of any sort upon any watch, clock or jewelry for a price, at the request or with the consent of the owner thereof, his representative or any other person lawfully in possession thereof, shall have a lien upon such watch, clock or jewelry for the sum due for such work, and may, without process of law, retain the same at any time it is lawfully in his possession until the sum due is paid. Said lien shall be for the work done and it shall also include the value or agreed price, if any, of all materials furnished by the lien claimant in connection with the work. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-175 Public sale and notice thereof; disposition of proceeds

If any money due for work done or materials furnished upon any watch, clock or jewelry shall remain unpaid for 1 year after the completion of said work or the furnishing of said materials, the lien claimant, having first given 30 days notice in writing to the owner specifying the amount due and informing him that payment of such amount within 30 days will entitle such owner to the return of the property in the custody of the lien claimant and that in default thereof the said property will be sold, may, if payment is not made within said period of 30 days, sell such watch, clock or jewelry at public sale to satisfy the amount due. The proceeds of the sale after the deduction of the costs and expenses thereof shall first be applied to the payment of the indebtedness secured by the lien, and the balance, if any, shall be paid over to the owner. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-176 Service or posting of notices

Any notice prescribed by this article may be served upon the owner of the watch, clock or jewelry upon which the lien is claimed either personally or by registered mail, with return receipt demanded, directed to the last known address of the owner, or if the owner or his address is unknown, the notice may be posted in 2 public places in the municipality in which the lien claimant conducts his place of business. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-177 Action for debt; proceeds of sale applied on judgment

Nothing in this article shall be construed so as to prevent the lien claimant from maintaining an action for the debt, notwithstanding the existence of the lien, either before or after the sale provided for by this article; provided, however, that the proceeds of any such sale after the deduction of the expenses thereof shall be credited upon the debt so due. If the sale should be held prior to the entry of judgment, judgment shall be entered only for the difference between the debt due and the net proceeds of the sale. If the sale be held subsequent to the entry of judgment, said judgment shall be credited with the net proceeds of such sale. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:44-187 Short title

This act shall be known and may be cited as the "Self-Service Storage Facility Act." L.1983, c. 136, s. 1, eff. April 14, 1983.

N.J. Stat. § 2A:44-188 Definitions.

2. As used in this act: "Electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks. "Last known address" means that postal address or electronic mailing address provided by the occupant in the latest rental agreement, or the postal address or electronic mailing address provided by the occupant in a subsequent written notice of a change of address. "Occupant" means a person, the person's sublessee, successor, or assignee, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. "Owner" means the proprietor, operator, lessor, or sublessor of a self-service storage facility, the owner's agent, or any other person authorized by the owner to manage the facility, or to receive rent from an occupant under a rental agreement. "Personal property" means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, and household items. "Rental agreement" means any written agreement or lease, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in chapter 7 of Title 12A of the New Jersey Statutes. "Verified mail" means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing. L.1983, c.136, s.2; amended 2013, c.128, s.1.

N.J. Stat. § 2A:44-189 Lien on personal property; priority

Except as specified in this subsection, the owner of a self-service storage facility or the owner's heirs, successors or assigns shall have a lien upon all personal property located at a self-service storage facility for rent, labor, or other reasonable charges due as specified in the rental agreement in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale under this act. The lien provided for in this section is superior to any other lien or security interest except those prior liens established pursuant to N.J.S. 2A:37-20, sections 3 and 12 of P.L.1966, c. 30 (C. 54:32B-3, C. 54:32B-12) and R.S. 54:35-19 and those as to which the occupant has notified the owner in writing. The lien attaches as of the date the personal property is brought to the self-service storage facility. L.1983, c. 136, s. 3, eff. April 14, 1983.

N.J. Stat. § 2A:44-189.1 Charging of late fee.

1. In addition to any other remedy available under the "Self-Service Storage Facility Act," P.L.1983, c.136 (C.2A:44-187 et seq.), a reasonable late fee may be charged and collected by an owner for each month that the occupant's rental payment for a storage space is in default. For purposes of this section, a late fee of up to $20.00 or 18 percent of the monthly rent, whichever is greater, is reasonable and shall not constitute a penalty. L.2017, c.368, s.1.

N.J. Stat. § 2A:44-190 Issuance of warehouse receipt, bill of lading, or other document of title; application of act

If an owner issues a warehouse receipt, a bill of lading, or other document of title for the personal property stored at the self-service storage facility, the owner and the occupant shall be subject to the provisions of chapter 7 of Title 12A of the New Jersey Statutes and the provisions of this act shall not apply. L.1983, c. 136, s. 4, eff. April 14, 1983.

N.J. Stat. § 2A:44-191 Satisfaction of lien.

5. An owner's lien for a claim which is more than 30 days overdue may be satisfied as follows: a. The occupant shall be notified; b. The notice shall be delivered in person or sent by verified mail or electronic mail to the last known address of the occupant; c. The notice shall include: (1) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (2) A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it, except that any container including, but not limited to a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described without listing its contents; (3) A notice of denial of access to the personal property, if this denial is permitted under the terms of the rental agreement, which provides the name, street address, and telephone number of the owner, or the owner's designated agent, whom the occupant may contact to respond to this notice; (4) A demand for payment within a specified time not less than 14 days after delivery of the notice; and (5) A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify time and place of the sale; d. Any notice made pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service or private delivery service, and properly addressed with postage prepaid or sent by electronic mail to the occupant's last known address; if the owner sends notice to the occupant's last known e-mail address and does not receive an electronic receipt that establishes delivery of the notice to the occupant's e-mail address, the notice shall be presumed delivered when it is sent to the occupant by verified mail to the occupant's last known address; e. After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (1) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subsection c. (2) of this section; (2) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; and (3) The time, place, and manner of the sale. The sale shall take place not sooner than 15 days after the final publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the date of sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located; f. A sale of the personal property shall conform to the terms of the notification; g. A sale of the personal property shall be public and shall be held at the self-service storage facility, or at the nearest suitable place to where the personal property is held or stored; h. Notwithstanding any law, rule or regulation to the contrary, if the property upon which the lien is claimed is a motor vehicle or watercraft and rent and other charges related to the property are in default for 60 consecutive days, the owner may have the property towed. If a motor vehicle or watercraft is towed as authorized in this subsection, the owner shall: (1) send, by verified or electronic mail to the occupant's last known address, the name, address, and telephone number of the towing company that will perform the towing and the street address of the storage facility where the towed property can be redeemed; and (2) not be liable for the motor vehicle or watercraft or any damages to the motor vehicle or watercraft once the tower takes possession of the property; i. Before a sale of personal property the occupant may pay the amount necessary to satisfy the lien, and the reasonable expenses incurred by the owner to redeem the personal property. Upon receipt of this payment, the owner shall return the personal property, and the owner shall have no liability to any person with respect to the personal property; j. A purchaser in good faith of the personal property sold to satisfy a lien, as provided for in section 3 of this act, takes the property free of any rights of persons against whom the lien is valid, despite noncompliance by the owner with the requirements of this section; k. The owner may satisfy his lien from the proceeds of the sale, but shall deposit the balance, if any, in an interest-bearing account with notice given to the occupant of the amount and place of the deposit and of his right to secure the funds; and l. The owner's liability arising from the sale of personal property under this section is limited to the net proceeds received from the sale of that property. The owner shall not be liable for identity theft or other harm resulting from the misuse of information contained in documents or electronic storage media that are part of the occupant's property sold or otherwise disposed of and of which the owner did not have actual knowledge. L.1983, c.136, s.5; amended 2013, c.128, s.2.

N.J. Stat. § 2A:44-191.1 Public sale.

2. An online publicly accessible auction website is a suitable place for holding the public sale authorized pursuant to subsection g. of section 5 of P.L. 1983, c.136 (C.2A:44-191), so long as the notice and other requirements of that section have been satisfied. L.2017, c.368, s.2.

N.J. Stat. § 2A:44-192 Existing rental agreements; validity and enforcement

All rental agreements entered into before, and not extended or renewed after, the enactment of this act, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other law of this State. L.1983, c. 136, s. 6, eff. April 14, 1983.

N.J. Stat. § 2A:44-193 Maximum value of stored property; civil actions.

3. a. If a rental agreement entered into pursuant to the "Self-Service Storage Facility Act," P.L.1983, c.136 (C.2A:44-187 et seq.) contains a provision placing a limit on the value of property that may be stored in the occupant's space, this limit shall be deemed to be the maximum value of the stored property, provided that the provision is printed in bold type or underlined in the rental agreement. b. In addition to the remedies otherwise provided by law, only an occupant listed on the last known rental agreement injured by a violation of the "Self-Service Storage Facility Act," P.L.1983, c.136 (C.2A:44-187 et seq.) may bring a civil action to recover damages. L.2013, c.128, s.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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