New Jersey § 2a:44a-33
Full text of New Jersey New Jersey Statutes § 2a:44a-33, with citation guidance and answers to common questions.
§ 2a:44a-33.
a. A lien claim shall be discharged of record by the county clerk: (1) Upon the execution and filing with the county clerk of a surety bond, or the deposit
of funds with the clerk of the Superior Court of New Jersey, in favor of the claimant
in an amount equal to 110% of the amount of the lien claim; or (2) Upon receipt of a duly acknowledged certificate, discharging the lien claim from
the claimant having filed the lien claim, or the claimant's successor in interest, or attorney; or (3) Pursuant to the filing of an owner's or community association's discharge certificate
in accordance with section 30 of P.L.1993, c. 318 ( C.2A:44A-30 ), provided that 90 days prior to the filing of the affidavit, substantially in the
form set forth in section 30 of P.L.1993, c. 318 ( C.2A:44A-30 ), the lien claimant is notified by certified mail at the lien claimant's last known
address of the owner's or community association's intent to file a discharge certificate
and no written communication from the lien claimant denying or disputing payment in
full of the lien claim is filed with the county clerk and served on the owner or community
association; or (4) Pursuant to an order of discharge by the court. b. When judgment of dismissal or final other judgment against the lien claimant is
entered in an action to enforce the lien claim under this act and no appeal is taken
within the time allowed for an appeal, or if an appeal is taken within the time allowed
for an appeal, or if an appeal is taken and finally determined against the lien claimant,
the court before which the judgment was rendered, upon application and written notice
to the lien claimant as the court shall direct, shall order the county clerk to enter
a discharge of the lien claim. c. If an appeal is taken by the claimant, the claim shall be discharged unless the
claimant posts a bond, in an amount to be determined by the court, to protect the
owner or community association from the reasonable costs, expenses and damages which may be incurred by virtue of
the continuance of the lien claim encumbrance. d. Upon discharge of record of the lien claim, unless the action for enforcement also
involves claims, by way of counterclaim, cross claim or interpleader, arising out
of or related to the improvements that are the subject of the lien claim in which
the owner or community association is an interested party, the court shall also order
that the owner or community association no longer be a party to an action to enforce
the lien claim, and the surety issuing the bond shall be added as a necessary party. e. Discharge of record of a lien claim will automatically discharge of record the
Notice of Unpaid Balance and Right to File Lien filed in connection therewith.
Frequently Asked Questions About New Jersey § 2a:44a-33
What does New Jersey Statutes § 2a:44a-33 cover?
Section 2a:44a-33 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:44a-33?
A common citation format is "New Jersey Statutes § 2a:44a-33" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:44a-33 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.