The NJ Superior Form provides a detailed walkthrough for enforcing and collecting a judgment in the Superior Court of New Jersey, Law Division, Civil Part, specifically for civil cases labeled with a “J” or “DJ” docket number. It outlines the necessary steps for judgment creditors—individuals owed money following a judgment—to obtain what is due from judgment debtors, or those who owe money. This form also delineates various methods for collection, such as wage execution, bank levies, and execution against real estate or other assets, excluding judgments pertaining to child support, bail, restitution, or certain family cases.
Navigating the complexities of enforcing and collecting a judgment in New Jersey can be a daunting task for many, but understanding the specifics of the NJ Superior form is crucial for success. This form is an essential tool for individuals, known as judgment creditors, seeking to collect debts awarded by the court from judgment debtors. It specifically caters to civil cases that are identified by a "J" or "DJ" docket number, excluding judgments related to child support, bail or restitution, or certain family cases. Additionally, it outlines the process for actions that are not applicable to judgments awarded in the Law Division, Special Civil Part, unless they have been docketed with the Superior Court Clerk. The form details various legal avenues available to creditors, including wage execution, bank levies, and execution against real property or other assets, to ensure the collection of debts. It also provides guidance on obtaining information about a debtor's assets and income, renewing judgments, and the specific steps required to navigate these processes effectively. Information Subpoenas and court-ordered discovery are among the tools discussed for uncovering a debtor's financial situation. Moreover, the document emphasizes the importance of satisfying the judgment once it has been paid, highlighting the procedural steps for closing the case. This comprehensive overview aims to assist creditors through the complex process of enforcing and collecting a judgment within New Jersey's legal framework.
New Jersey Judiciary
How to Enforce and Collect a Judgment
Superior Court of New Jersey
Law Division, Civil Part
This booklet provides information on how to collect a judgment in a civil case having a “J” or “DJ” docket number. It does not apply to judgments for child support, bail or restitution, or certain family cases.
The information in this brochure also does not apply to judgments awarded in the Law Division, Special Civil Part, which have not been docketed with the Superior Court Clerk. The process for collecting judgments with “SC” or “DC” or “L” docket numbers is detailed in the brochure entitled, Collecting a Money Judgment, Law Division, Special Civil Part, which can be found on the Judiciary’s Web site njcourts.gov.
If you are owed money as a result of a judgment with a “J” or “DJ” docket number, you are a judgment creditor (creditor). The person who must pay is the judgment debtor (debtor). Judgments in New Jersey remain in effect for 20 years and may be renewed for an additional
20 years by filing a motion in the Superior Court, Law Division, Civil Part and/or in the Special Civil Part if the Special Civil Part case was assigned a DJ or J docket number.
Information on how to file a motion and forms are available on the Judiciary’s Web site.
A docketed judgment becomes a lien against all real property owned by the debtor in New Jersey. If the debtor is unwilling or unable to pay you the money owed, there are several ways the court can help you collect it. The court cannot guarantee, however, that you will be paid.
Getting Information Regarding the Judgment Debtor’s Assets and Income. Information Subpoena - If you do not know whether the debtor has a savings or checking account, what personal property the debtor owns or where the debtor works, you can use an Information Subpoena.
An Information Subpoena is a set of written questions that can help you obtain information about the debtor’s assets and income. An Information Subpoena form is on the Judiciary’s Web site, njcourts.gov. There are two separate information subpoena forms - one is used for judgment debtors who are individuals and one is for business entities.
Once you have received answers to the questions on the Information Subpoena, you can ask the court to allow you to attempt to collect the money owed you from certain assets or income belonging to the debtor, such as wages, automobiles, bank accounts and other personal property.
You cannot, however, collect your judgment from the debtor’s welfare benefits, Social Security, SSI, veterans’ benefits or unemployment benefits.
Court Order for Discovery - You can also bring a motion for discovery which, if granted, will allow you to ask the debtor questions about his or her assets and income in person and under oath. Information and sample forms on How to File a Motion in the Law Division, Civil Part, are available on the Judiciary’s Web site, njcourts.gov.
Ways to Collect on a Judgment
Once you know that the debtor has income or assets, there are several ways you can try to collect the money that is owed you:
•Wage Execution - If the debtor works in New Jersey and earns more than $217.50 per week, you can ask the court for an order directing the debtor’s employer to deduct a set amount from his or her paycheck until you are paid in full. This is called a wage execution or
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garnishment. To request a wage execution, you must send a Notice of Application for Wage Execution to the debtor and his/her employer by regular and certified mail. A sample Notice is posted on the Judiciary’s Web site. A copy of the application and a proof of service must be filed, along with a $50 fee, with the Civil Division Manager’s office in the county where the case was heard. Both the original docket number of the case and the “J” or “DJ” docket number must appear on your application.
If the debtor objects to the wage execution, before or after it is issued, the court will schedule a hearing. If there is no objection or if the judge disallows the objection, the court will issue an Order for Wage Execution. Once you receive the signed order, you must prepare a Writ of Wage Execution. The Writ of Wage Execution is a document that gives the sheriff the authority to collect the money owed to you from the debtor’s wages. A sample Writ of Wage Execution is on the Judiciary’s Web site.
You should then forward the writ of wage execution and the appropriate sheriff’s service fee to the sheriff of the county where the debtor’s employer is located.
You should contact the sheriff’s office in advance to determine the amount of their fee.
•Bank Levy - Another way to collect on your judgment is to have the sheriff get control of the debtor’s bank account(s). This is called a bank levy. To do this, you need a Writ of Execution, a sample of which can be found on the Judiciary’s Web site. You must complete the writ form and send it to the court. If the Judgment has a “J” docket number, you must send the writ to the Civil Division Manager in the county in which your case was originally filed. If the judgment has a “DJ” docket number, the writ is issued upon request by the Clerk of the Superior Court in Trenton. The court fee for a Writ of Execution is $50.
Once issued, you must send the writ with the applicable sheriff’s fee to the sheriff in the county in which the bank is located. Before sending the writ to the sheriff, you should contact the sheriff’s office in advance and inquire as to the applicable fee. Be sure to include the name of the bank, the address, and the last four digits of the account number when you send the writ to the sheriff.
The sheriff will notify the bank of the writ and the account will be frozen. You must then a file a Motion to Turn Over Funds with the court and serve a copy on the sheriff, the bank and the debtor. A motion packet with sample forms is available on the Judiciary’s Web site njcourts.gov. If the debtor does not object to the motion, the judge will sign the order. If the debtor objects, a hearing will be held.
Once the judge signs the order, you must send it to the sheriff in the county where the bank is located, to the bank and to the debtor. The sheriff can then go to the bank and get the money from the account.
•Execution on Other Assets - You also can look to other assets to satisfy the judgment. If you know what personal items the debtor possesses, such as office equipment or vehicles, you can apply to the court for an order to let the sheriff enter the debtor’s property. The sheriff can then seize those articles and try to sell them at a public sale. If you ask the sheriff to take the debtor’s vehicle, you must be able to show that the vehicle is registered in the debtor’s name. To do this, you must get a certified copy of the title and a certified lien search from the New Jersey Motor Vehicle Commission. The debtor may keep $1,000 worth
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of personal property. If the debtor does not have $1,000 in personal property, this method cannot be used to collect the money.
•Execution Against Real Estate - The final method to use to attempt to collect your money is to ask the court for permission to sell the debtor’s real estate. This is a complicated process, and you may want to consult an attorney to assist you. This is also an expensive process because it entails a costly title search, publication of the sale in the newspaper and payment of considerable Sheriff’s fees.
Uniform Enforcement of Foreign Judgment Act
New Jersey recognizes judgments entered in the courts of other states as valid and other states recognize New Jersey judgments. Accordingly, if the debtor moves to another state, you can retain an attorney in that state to enforce your judgment there. This will allow you to pursue collection of your judgment in that state. Similarly, if you have received a judgment against a debtor in another state, you can docket it with the Clerk of the Superior Court and attempt to execute on assets held by the debtor in this state.
The address for the Superior Court Clerk’s Office’s Judgment Unit is, P.O Box 971, Trenton, NJ 08625. A form for recording an out-of-state (foreign) judgment is available on the Judiciary’s Web site, njcourts.gov.
Satisfaction of the Judgment
Once your judgment has been paid or satisfied, you should send to the county where the judgment was originally entered, or to the Clerk of the Superior Court for cases with a J or DJ docket number or send the debtor directly - a Warrant to Satisfy Judgment. A sample form appears on the Judiciary’s Web site. The debtor or creditor can then file it with the along with the applicable fee of $50. The judgment and lien will be cancelled, and the case will be closed.
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Stuart Rabner
Chief Justice
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Jennifer M. Perez
Director, Office of Trial Court Services
Taironda E. Phoenix
Assistant Director, Civil Practice
(Updated 08/2020)
Filling out the New Jersey Superior form to enforce and collect a judgment involves a series of steps designed to identify and claim assets owed to you by a debtor. These steps are crucial in navigating the legal avenues available for debt collection within the state. The process, while straightforward, requires attention to detail and an understanding of the legal requirements to ensure compliance and maximize the chances of recovering the owed amounts. Following this guide will help streamline the process.
Approaching each step methodically will ensure you are proceeding correctly in the collection process. Depending on the debtor's response and the complexity of their assets, you may need to undertake several of these steps to successfully enforce and collect your judgment.
This form is a critical document for individuals who are seeking to enforce and collect a judgment from a civil case in New Jersey Superior Court, specifically for those cases with a "J" or "DJ" docket number. It outlines various legal methods for collecting money owed by a debtor.
Not all judgments are covered by this form. It does not apply to judgments for child support, bail, restitution, certain family cases, or judgments that have not been docketed with the Superior Court Clerk. Special Civil Part cases with "SC," "DC," or "L" docket numbers have separate guidelines for collection.
Two main approaches can help uncover a debtor's assets or income sources:
Once you determine the debtor has income or assets, several collection methods are available:
To request a wage execution, you must notify the debtor and their employer by mail and file an application with the Civil Division Manager’s office, including a $50 fee. Following this, a court hearing may take place, especially if the debtor objects. Successful applications result in an Order for Wage Execution, which must be prepared and forwarded to the sheriff.
Executing a bank levy involves obtaining a Writ of Execution, sending it with a sheriff's service fee to the appropriate sheriff based on the bank's location, and eventually filing a Motion to Turn Over Funds. You must thoroughly prepare by including accurate bank and account information when sending the writ to the sheriff.
Yes, New Jersey's recognition of the Uniform Enforcement of Foreign Judgment Act means you can pursue collection in another state where the debtor now resides. This requires registering your judgment in that state and possibly hiring an attorney there to enforce it.
Upon full payment, you should issue a Warrant to Satisfy Judgment to either the county where the judgment was entered, the Clerk of the Superior Court for cases with "J" or "DJ" docket numbers, or directly to the debtor. This formality cancels the judgment and lien, effectively closing the case.
When filling out the NJ Superior form to enforce and collect a judgment, people often make mistakes that can delay or derail their efforts. Understanding these pitfalls can help ensure a smoother process. Here are six common missteps to avoid:
Ignoring the specific docket number requirements: Each judgment type, identified by “J”, “DJ”, “SC”, “DC”, or “L” docket numbers, has unique collection procedures. Incorrectly identifying your judgment type or not using the appropriate docket number can invalidate your efforts.
Misunderstanding the types of income and assets that are exempt: Attempting to collect from sources protected by law, such as welfare benefits, Social Security, SSI, veterans’ benefits, or unemployment benefits, is a mistake. This can waste time and potentially expose you to legal trouble.
Incorrectly filling out or filing the Information Subpoena: Failing to properly complete the subpoena or to choose the correct form based on whether the debtor is an individual or a business entity complicates the process.
Not properly serving the Notice of Application for Wage Execution: The requirement for serving this notice by regular and certified mail to both the debtor and their employer is frequently overlooked. Incorrect service can invalidate the application for wage execution.
Omitting crucial details in applications or writs: Whether you are applying for a wage execution, a bank levy, or execution against other assets, excluding necessary information like account numbers, employer details, or asset descriptions can lead to your application being rejected.
Attempting to collect without understanding the full process: For example, executing against real estate requires several steps and legal know-how. Undertaking this without proper preparation or legal assistance can be costly and ineffective.
Correcting these mistakes can significantly improve your chances of successfully collecting on a judgment. Always ensure that you are well-informed about the specific requirements and legalities involved in your situation. Seeking professional legal advice might also be beneficial in navigating the complexities of the collection process.
In the process of enforcing and collecting a judgment in New Jersey, several forms and documents are often used in conjunction with the NJ Superior form. These documents play crucial roles at various stages of the collection process, from identifying debtor assets to satisfying the judgment once paid.
Together, these documents support a structured and lawful approach to judgment enforcement. They ensure that creditors have a means to collect what is owed to them while also providing protections to ensure debtors are treated fairly in accordance with the law. Understanding how and when to use these forms is essential for successfully navigating the process of debt collection in New Jersey.
The first similar document to the NJ Superior form is the "Collecting a Money Judgment, Law Division, Special Civil Part" brochure, which lays out the process for enforcing judgments that have not been docketed with the Superior Court Clerk but have been awarded in the Law Division, Special Civil Part under different docket numbers. This brochure complements the NJ Superior form by providing guidance on collection efforts for cases in a specific subsection of the civil court system, highlighting the procedural nuances and requirements for these types of judgments, just as the NJ Superior form does for its respective cases.
A second document type analogous to the NJ Superior form is the "Information Subpoena," used in various jurisdictions. Similar to its usage in New Jersey, an Information Subpoena is a legal tool that demands information about a debtor’s financial status across the United States. It shares the core purpose with the NJ form of aiding creditors in identifying the assets and income of a debtor, thus facilitating the collection of judgments by providing a structured method to secure necessary financial disclosures from debtors.
The third document is a "Writ of Execution," commonly used in many states to enforce money judgments by allowing for the seizure of a debtor's property. This document parallels the NJ Superior form regarding its function to enable creditors to collect what they are owed from a debtor's tangible assets. Both documents serve as legal authorizations that empower law enforcement officers to act on behalf of a creditor, aiming to satisfy a judgment via asset seizure or control over bank accounts.
A "Notice of Application for Wage Execution" is another similar document. As with its counterpart in the NJ Superior form instructions, this document serves to initiate the garnishment process, allowing creditors to intercept a portion of the debtor's wages directly from their employer. Both documents ensure due process is followed by informing both the debtor and their employer of the impending wage garnishment, effectively facilitating the collection of debts from an individual's income.
The "Motion to Turn Over Funds" reflects a direct approach, akin to the steps outlined in the NJ Superior form for securing monies held in a debtor's bank account. This motion is used when a creditor, having identified funds in a debtor's possession, seeks the court's order to transfer these funds to satisfy the debt. This document is paralleled in its function and ultimate goal to the NJ form, emphasizing legal procedures to access a debtor's liquid assets for judgment satisfaction.
For judgments needing cross-state enforcement, forms under the "Uniform Enforcement of Foreign Judgments Act" bear resemblance to the NJ Superior form. These forms allow creditors to register and enforce monetary judgments in a state different from where the judgment was originally obtained. Similar to the provisions for out-of-state judgments in New Jersey, these documents ensure that financial judgments are recognized and actionable across state lines, providing a consistent legal framework for judgment creditors seeking nationwide enforcement.
Finally, the "Warrant to Satisfy Judgment" document is akin to the NJ Superior form's instructions on closing out a case once a judgment is satisfied. This document is used to legally declare that a debt has been paid, signaling to courts and credit reporting agencies that the debtor has fulfilled their obligation. Like in the NJ form, filing this document properly removes liens and clears the debtor's record, echoing the procedural culmination and resolution of judgment enforcement processes.
When filling out the NJ Superior form to enforce and collect a judgment, certain steps must be followed diligently to ensure the process is efficient and effective. Below are listed the do's and don'ts that should be taken into consideration:
Do's:
Don'ts:
Understanding the New Jersey Superior Court system and specifically, how to enforce and collect a judgment, involves intricacies that can often lead to misconceptions. Here, we aim to clarify some of the common misunderstandings related to the NJ Superior form and its processes.
Misconception 1: The NJ Superior form applies to all types of judgments. In reality, the guidelines provided are specifically for civil cases with a "J" or "DJ" docket number. They do not cover judgments for child support, bail, restitution, or certain family cases, which have their own distinct processes.
Misconception 2: Judgments are only valid for a short period. Conversely, judgments in New Jersey remain effective for 20 years and can be renewed for an additional 20 years. This extended validity period provides ample time for judgment creditors to enforce and collect on judgments.
Misconception 3: A judgment automatically guarantees payment. Although the court facilitates the collection process, it cannot guarantee that the judgment debtor will pay what is owed. The responsibility lies with the judgment creditor to pursue collection actions.
Misconception 4: All debtor assets and income are accessible for collection. Some assets, such as welfare benefits, Social Security, SSI, veterans’ benefits, and unemployment benefits, are protected and cannot be targeted for judgment collection.
Misconception 5: Information about the debtor’s assets and income is readily available. To obtain information regarding the debtor’s assets and income, a creditor must use an Information Subpoena or a court order for discovery. These tools are critical in identifying assets that can be used to satisfy the judgment.
Misconception 6: Wage garnishment is available for all employment situations. Wage execution can only be requested if the debtor works in New Jersey and earns more than a specified weekly amount. This process also requires notifying the debtor and their employer and submitting an application to the court.
Misconception 7: Enforcing a judgment from another state within New Jersey is not possible. Through the Uniform Enforcement of Foreign Judgments Act, New Jersey recognizes judgments from other states, and vice versa, allowing for the enforcement and collection of judgments across state lines.
These clarifications help in navigating the complexities of collecting a judgment within New Jersey’s legal system, ensuring creditors are better informed about their rights and the procedures available to them.
Understanding the process of enforcing and collecting a judgment in New Jersey requires familiarity with specific procedures and forms endorsed by the New Jersey Judiciary. The Superior Court of New Jersey, Law Division, Civil Part, offers guidance for creditors on how to pursue debtors to satisfy judgments. Here are key takeaways from their instructions:
Each step in the enforcement and collection process is designed to ensure that creditors have a legal pathway to claim the debts owed to them, while also upholding certain protections for debtors. Navigating these procedures benefits from detailed attention to the guidelines provided by the New Jersey Judiciary.
Renew Ucr - In cases of property damage, a clear estimate of the financial impact must be provided, highlighting the economic toll of bias incidents.
Affidavit of Consideration for Use by Seller - Penalties for not submitting this form or inaccurately completing it can result in financial and legal consequences.