What can we do if our lien notice was returned unclaimed?

Full question:

We own a tile installation business and are attempting to collect the balance due on a completed residential project. Calls to the owner are not returned and our invoice has not been paid. On March 18, 2009, we purchased a 'Notice of Unpaid Balance and Right to File Lien form from US Legal Forms and filed the form at the county clerk's office. We mailed it certified on March 20, 2009. It was returned to us yesterday, April 13, 2009, as 'Return to Sender, Unclaimed, Unable to Forward'. Now we are back to square one in a lien process that has a very strict time line. We cannot file the Construction Lien until this NUB is filed first if we understand it correctly. A previous certified letter to the same address was accepted and the owner of the property is still there as we have observed. What recourse do we have now before our time to file has disappeared entirely?The home owner has another residence not far from this newly constructed residence and owns a periodontal business in New Jersey as well.

• Category: Contractors
• Subcategory: Construction Liens
• Date: 04/07/2025
• State: New Jersey

Answer:

You may send certified mail to the other known addresses of the property owner. According to New Jersey law (N.J. Stat. § 2A:44A-7), within ten business days of filing a lien claim, you must serve or mail a copy of the lien claim to the last known business address or residence of the owner. This can be done via personal service or registered/certified mail with return receipt requested. Proof of timely mailing meets the service requirement. However, if you serve the lien claim after the deadline, it can still be enforceable unless the other party proves they were materially prejudiced by the late service. If funds are disbursed or property interests are conveyed without the owner knowing about the lien claim, this can be evidence of material prejudice.