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    charles4u2's Avatar
    charles4u2 Posts: 1, Reputation: 1
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    #1

    Nov 12, 2009, 02:00 PM
    Filing a les pendens/lien in New Jersey
    The purchaser of my restaurant equipment failed to follow through with all terms of the agreement. He failed to pay the balance owed under the conditions of the contract. He is now selling a home in N.J. so, can I proceed with a les pendens or some type of a lien? Can I do this without an attorney?

    Sincerely

    c.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Nov 12, 2009, 02:03 PM
    A lis pendens can be filed only if the lawsuit you're planning on filing concerns the property itself. It can't be used if you hope to place a lien on the property to secure payment of a judgment concerning other property.

    Did the agreement allow you to immediately place a lien on the property in the event the buyer defaulted? If not then you will have to file a lawsuit and once you win, the judgment will act as a lien.

    I suggest that you look for an attorney who will provide a free consultation and see what options they suggest.

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