Special Civil Part Suits

Collecting a Money Judgment - Special Civil Part

* Execution on Goods and Chattels (personal property)

* Bank Levy

* Execution Against Wages

* Writs of Execution

* Docketed Judgment

* Information Subpoena

* Court Order for Discovery

* Collecting and Out-of-State Judgment

* Settlement

How your attorney can attempt to force the deadbeat creditor to pay money owed!

If money is owed you because you have been awarded a judgment by the Superior Court or Special Civil Part, you are a judgment creditor. Attorneys usually work on an hourly basis- between $200 /hr and up. It is usually not cost effective to hire an attorney if the amount due is under $1,000.

EXECUTION ON GOODS AND CHATTELS (PERSONAL PROPERTY)

An execution on goods and chattels lets the court try to collect the money owed on a judgment from the debtors bank account or personal property. (Real estate cannot be used to collect money owed in the Special Civil Part.) You must locate and identify the debtors personal property that can be used to satisfy your judgment. Your attorney may, petition that a Court Officer try to sell personal items such as office equipment, etc., at a public sale. The debtor may keep $1,000.00 worth of personal property. If the debtor does not have $1,000.00 in personal property, this method cannot be used to satisfy your judgment and to collect the money owed you. Vehicles- If you ask that the Court Officer seize the debtors motor vehicle, you must be able to show that the vehicle is registered in the name of the debtor. This is done by getting a certified copy of the title and a certified lien search from the New Jersey Division of Motor Vehicles. The Clerk or Court Officer will inform you of additional fees to advertise and sell the property when and if these events occur. A writ of execution is good for one year from the date it is issued, and can be renewed.

BANK LEVY

If you know or can find out where the debtor has a savings or checking account in New Jersey, your attorney may ask that a Court Officer collect your debit from the money in the account. You must provide the number of the bank, the address and the account number, if possible. Court Officers cannot search for bank accounts. After the money has been levied upon by the Court Officer, it is considered frozen. Your attorney must then file a Motion to Turn Over Funds with the court and serve a copy upon the debtor and the bank. If the court grants the motion, the judge will sign the Order to Turn Over Funds that you submitted with your motion. This order will be delivered to the bank by the Court Officer.

more info at http://www.njlaws.com/collecting_a_money_judgement.html