Legal Question in Credit and Debt Law in New Jersey
Notice of Lis Pendens
Can I lawyer file a Lis Pendens to against my settlment monys collect fees I owe him. I'm in New Jersey.
1 Answer from Attorneys
Re: Notice of Lis Pendens
A notice of lis pendens is for the purpose of alerting a potential purchaser of a possible cloud on the title of real property. Unless your attorney has a specific claim against the property, the lis pendens is probably improper and may constitute actionable slander of title.
The following may be germane: "The lis pendens statute provides that it may not be filed in an action to recover a judgment for money or damages only. N.J.S.A. 2A:15-6. An attorney in a suit for legal fees is seeking a monetary recovery." Cole, Schotz, Bernstein, Meisel & Forman, P.A. v. Owens, 292 N.J. Super. 453, 461 (App. Div. 1996)
Unless the claim by your lawyer is about the property, the lis pendens should be promptly removed if you demand it.
See also: http://info.corbettlaw.net/lawguru.htm