NJSBA Family Law Section

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Lien against business property (post-judgment)

  • 1.  Lien against business property (post-judgment)

    Posted 06-23-2015 04:37 PM

    A client owes a few thousand dollars from a divorce completed last month.  She doesn't earn much, but she and her ex are co-owners of a business and the property it sits on ($600K+ net value).  Client hasn't paid her bill.  We've discussed her providing a lien against the business -- i.e., I'll get paid when it sells (but no chance I get "forgotten" when the sale goes through).  H is 66 and in poor health - he's indicated he'll sell in the next year.

    Representation is 100% complete and the case closed (no Rule 5:3-5(b) issue).

    How would I record such a thing?  Does it need to be a mortgage against the property?  Has anyone ever done this?  Anyone have a form agreement and some idea how to file it as a lien?

    Thanks,

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
     www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
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