I WAS AWARDED A JUDGMENT BY THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART – WHAT DO I DO NEXT?

If you received a judgment following a Superior Court of New Jersey, Law Division, Special Civil Part proceeding (such as a trial, mediation, or motion hearing) for an amount of money, that judgment is called a “money judgment.”  If, after receiving the money judgment, it remains unpaid in whole or part, then you are entitled to seek to collect the money judgment as a “judgment creditor” – a person owed a judgment.   The person who owes the money judgment is called a “judgment debtor.”  Money judgments entered in the Superior Court of New Jersey, Law Division, Special Civil Part do not collect themselves – to get a Special Civil Part judgment collected, you or your attorney must file various papers with the court and take various other steps.   Once you receive a judgment in the Superior Court of New Jersey, Law Division, Special Civil Part, there is no guarantee that you shall collect the money judgment.  However, there are steps you or your attorney may take to make it more likely that you shall collect your judgment.  When a judgment is “executed”, that means that the money judgment is carried into effect by giving the money judgment creditor part or all of the money judgment.  For example, in the Superior Court of New Jersey, Law Division, Special Civil Part a judgment creditor may be able to execute on a judgment by having a court officer seize and sell a judgment debtor’s property and applying the sums recovered to satisfy part or all of the money judgment.

WHAT IF I RECEIVE PAPERS THAT REFER TO THE MONEY JUDGMENT DEBTOR FILING FOR BANKRUPTCY?

If you receive documents indicating that judgment debtor filed for bankruptcy, you should immediately contact an attorney experienced in handling bankruptcy cases from the view of a judgment creditor to find out what additional steps you might take to collect your judgment or to prevent it from being eliminated or reduced in the bankruptcy.

CAN I EXECUTE MY SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART MONEY JUDGMENT AGAINST A DEBTOR’S PERSONAL PROPERTY?

By filing the proper paperwork with the Superior Court of New Jersey, Law Division, Special Civil Part, a judgment debtor may try to collect a money judgment.  The paperwork is called an execution against goods and chattels (writ of execution) and the paperwork asks the court try to collect the money owed on a money judgment from the judgment debtor's bank account or from the personal property (such as jewelry, furniture, antiques, etc.).   The execution against goods and chattels (writ of execution) can’t be used:  (1) if the judgment debtor only has $1,000.00 in personal property; or (2) to sell real estate to satisfy a money judgment owed in the Superior Court of New Jersey, Law Division, Special Civil Part.   To properly complete the execution against goods and chattels (writ of execution), you need to know about the judgment debtor's personal property that might be used to satisfy your judgment – you need to confirm that the judgment debtor is the only owner of the personal property to be sold and to confirm its location.   When filling out the execution against goods and chattels (writ of execution), you describe the property to be sold and state the street address where it is located.  If the property is money in a bank account, you usually need to state the address of the bank where the money is located and the account number of the judgment debtor’s account.  After you submit the execution against goods and chattels to the Superior Court of New Jersey, Law Division, Special Civil Part and pay any necessary fee, if the form is properly completed, a court officer shall likely try to execute the judgment.   The Superior Court of New Jersey, Law Division, Special Civil Part adds a 10 percent fee to the amount of the money judgment to pay the court officer's commission and this fee appears on the execution against goods and chattels (writ of execution) and as the money judgment is collected, is paid to the court officer out of the money he collects to satisfy the money judgment.  Once the Superior Court of New Jersey, Law Division, Special Civil Part issues a execution against goods and chattels (writ of execution) payments are made directly to the court officer or the court rather than to the judgment creditor directly.  The Superior Court of New Jersey, Law Division, Special Civil Part is responsible for calculating the court officer’s fee, deducting it from monies collected and forwarding the balance that the judgment creditor is due to the judgment creditor (to the extent that they collect any monies).  If the execution against goods and chattels (writ of execution) is fully satisfied, the court officer is supposed to return the execution against goods and chattels (writ of execution) marked fully satisfied and the Superior Court of New Jersey, Law Division, Special Civil Part normally marks the satisfaction in the record of the case.

If the property is something other than money in a bank account, the court officer shall attempt the execution by trying to sell the judgment debtor’s personal property at a public sale, while permitting the judgment debtor to keep $1,000 worth of personal property.  If the property is money in a bank account, the court officer shall attempt the execution by trying to get the bank to freeze the judgment debtor’s bank account (called a “bank levy”).   While it is possible for a judgment creditor to use the execution against goods and chattels to have a court officer seize the judgment debtor's automobile, the judgment creditor must be able to show that the automobile is registered to the judgment debtor.  To find out whether the automobile is in fact registered in the judgment debtor’s name, the judgment creditor must request the New Jersey Motor Vehicle Commission to provide the judgment debtor with a certified copy of the title and a certified lien search for the automobile.  Once accepted by the Superior Court of New Jersey, Law Division, Special Civil Part, the execution against goods and chattels (writ of execution) remains valid for two years from its issuance date and once it expires, it can be renewed.   The Superior Court of New Jersey, Law Division, Special Civil Par cannot execute a judgment against  child support, welfare benefits, Social Security benefits or income, veterans' benefits or unemployment benefits.

IF THE COURT OFFICER EXECUTES AGAINST A JUDGMENT DEBTOR’S BANK ACCOUNT, HOW DO I GET THE MONEY FROM THAT ACCOUNT

If, through an execution against goods and chattels (writ of execution), a court officer levies against the judgment debtor’s bank account, the money frozen in the bank account does not automatically get turned over to you.   Instead, you must file a motion to turn over funds with the Superior Court of New Jersey, Law Division, Special Civil Part and serve a complete copy of the motion on both the bank where the funds are frozen and the judgment debtor.  If the Superior Court of New Jersey, Law Division, Special Civil Part grants the motion to turn over funds, once the court officer receives the order granting the motion, the court officer normally acts to comply with the order.

WHAT IF THE JUDGMENT DEBTOR WANTS TO SETTLE WITH ME AFTER I FILE AN EXECUTION AGAINST GOODS AND CHATTELS (WRIT OF EXECUTION) AND AFTER THE JUDGMENT DEBTOR’S BANK ACCOUNT IS FROZEN?

Occasionally, after the judgment creditor files an execution against goods and chattels (writ of execution) and after a levy has been made by the court officer, the judgment debtor, brought to their knees, wants to make a settlement.  The judgment creditor should be very careful about making a settlement at that point!  Court officers who make a valid levy or who in some way helped produce payment are due their 10 percent commission on any amount paid by the judgment debtor.  Accordingly, any payment the judgment creditor receives from a judgment debtor is subject to the court officer’s commission.

WHAT IF I WANT TO EXECUTE AGAINST THE JUDGMENT DEBTOR’S PERSONAL PROPERTY BUT I DON’T KNOW WHERE THAT PROPERTY IS LOCATED OR WHAT IT IS?

Within certain periods of time, judgment creditors can serve judgment debtors with a written request for the judgment debtor to disclose personal financial information (called an information subpoena).  The information subpoena consists of a series of written questions that the judgment debtor is asked to answer under oath.  When answered truthfully and completely, the answers to the information subpoena may provide the judgment creditor with the information necessary for the judgment creditor to proceed with an execution of goods and chattels (writ of execution) against the judgment debtor’s personal property.  The judgment creditor serves the original and one copy of the information subpoena upon the judgment debtor either personally or by registered or certified mail, return receipt requested and simultaneously by regular mail along with self-addressed postage prepaid envelope.  Within 14 days from the date on which it was served, the judgment debtor must answer the information subpoena and return it to the judgment creditor.  The information subpoena may only be served once in a six month period, unless the Superior Court of New Jersey, Law Division, Special Civil Part provides its approval for more frequent use.

A judgment creditor may file a motion with the Superior Court of New Jersey, Law Division, Special Civil Part stating the amount due on the money judgment and asking the court to enter an order requiring the judgment debtor or any other person with information about the judgment debtor's assets to answer questions under oath about the judgment debtor’s assets at a particular place and time.  There are limits to the number of orders that the judgment creditor may secure to compel a person to appear to answer such questions.   Once the order is entered, at least 10 days before the appearance date, the judgment creditor serves a copy of the order on the person that is required to appear to answer the questions by mailing the order copy by registered or certified mail, return receipt requested and simultaneously by regular mail.

WHAT IF I SERVE AN INFORMATION SUBPOENA AND THE JUDGMENT DEBTOR FAILS TO ANSWER IT

Many debtors try to ignore answering the information subpoena but if they do ignore the information subpoena, the judgment creditor may make a motion for an order to enforce the judgment creditor’s right to receive answers to the information subpoena.  That type of motion is called a motion to enforce litigant’s rights.  While the motion is a cumbersome process that encourages debtors to take their time answering information subpoenas, if properly pursued, the motions to enforce litigant’s rights can result in the Superior Court of New Jersey, Law Division, Special Civil Part issuing a warrant for the judgment debtor’s arrest and the sheriff may thereafter arrest the judgment debtor and bring them to the courthouse to face the court for the failure to comply with the information subpoena.

If the judgment debtor fails to fully answer and forward the information subpoena within 21 days from the date it is served on the judgment debtor, the judgment creditor may also file a motion with the Superior Court of New Jersey, Law Division, Special Civil Part for an order allowing the judgment creditor to serve a separate information subpoena on banks, employers or businesses who owe the judgment debtor money.

WHAT IF I SERVE AN ORDER REQUIRING SOMEONE TO APPEAR TO ANSWER QUESTIONS ABOUT THE JUDGMENT DEBTOR’S ASSETS BUT THE PERSON REQUIRED TO APPEAR FAILS TO APPEAR?

If the person supposed to appear in the court order does not appear where and when specified in the order or appears but fails to provide information about the judgment debtor's assets, the judgment creditor may file a motion with the Superior Court of New Jersey, Law Division, Special Civil Part asking the court to punish the person failing to appear for their committing a contempt of court.

WHAT IF I SERVE AN INFORMATION SUBPOENA AND THE JUDGMENT DEBTOR’S ANSWSERS ARE INCOMPLETE?

If a judgment debtor answers an information subpoena but does it in a way that is evasive, thereby avoiding the obligation to provide complete answers, the judgment creditor may file a motion for more specific answers to the information subpoena or face a warrant for the judgment debtor’s arrest.  If the motion is granted and the judgment debtor fails to comply with the order after being served with it and the Superior Court of New Jersey, Law Division, Special Civil Part thereafter issues a warrant for the judgment debtor’s arrest, the sheriff may thereafter arrest the judgment debtor and bring them to the courthouse to face the court for the failure to more fully answer the information subpoena.

CAN I COLLECT MY SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART MONEY JUDGMENT BY EXECUTING AGAINST THE JUDGMENT DEBTOR’S WAGES?

If a judgment debtor works in New Jersey and earns more than a certain amount of money per week, you may seek to execute against the judgment debtor’s wages by filing a motion for a wage execution with the Superior Court of New Jersey, Law Division, Special Civil Part and serving it on the judgment debtor by both regular and certified mail.  The judgment debtor may object to the motion being granted and if they do in the manner required by the New Jersey Court Rules, the Superior Court of New Jersey, Law Division, Special Civil Part will schedule a hearing on the motion.  However, the grounds for objecting to a wage execution are usually quite limited.  If the judgment debtor does not properly object to the motion for a wage execution or the court denies the judgment debtor’s objection to the motion, the Superior Court of New Jersey, Law Division, Special Civil Part shall enter an order for a wage execution.  If this happens, the court officer is supposed to deliver the order for the wage execution to the judgment debtor's employer and the employer is supposed to follow the order’s directions by holding back a portion of the judgment debtor's pay and  sending the money held back to the court officer, who is supposed to send it to the judgment creditor. 

IF THE MONEY JUDGMENT IS FULLY SATISFIED, DO I HAVE ANY OBLIGATIONS TO THE JUDGMENT DEBTOR?

If a money judgment is fully satisfied, the judgment creditor must file a document with the Superior Court of New Jersey, Law Division, Special Civil Part indicating that the judgment was in fact fully satisfied.  The document is called a “warrant of satisfaction.”   Sometimes the judgment debtor or their attorney shall ask for a warrant of satisfaction once the judgment is fully satisfied, with the intention of filing the warrant with the Superior Court of New Jersey, Law Division, Special Civil Part.

WHAT IF I OR THE COURT OFFICER CAN’T COLLECT MY MONEY JUDGMENT IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART?

If a judgment creditor or a court officer cannot collect a money judgment in the Superior Court of New Jersey, Law Division, Special Civil Part, the judgment creditor may have the money judgment from the Superior Court of New Jersey, Law Division, Special Civil Part recorded in the Superior Court Clerk's Office in Trenton.  The money judgment is docketed by paying a fee and filing the proper papers with the Superior Court Clerk's Office in Trenton.  The advantage to docketing the judgment with the Superior Court Clerk's Office in Trenton is that, once properly docketed in the Superior Court, until the money judgment is fully satisfied, the judgment debtor is unable sell with clear title any real estate owned in New Jersey.  However, there is also a disadvantage to docketing the money judgment – once docketed, the court officers of the Superior Court of New Jersey, Law Division, Special Civil Part can no longer help the judgment creditor to collect the judgment.  Instead, any further efforts that the judgment creditor makes to collect the judgment must be made through the Sheriff's Office in the county where the judgment debtor's assets are located.   Since the Sheriff’s efforts to recover the judgment are not rewarded through commissions on the amount they may collect, many judgment creditor attorneys prefer to keep the Superior Court of New Jersey, Law Division, Special Civil Part money judgment undocketed for as long as they believe there is a chance of collecting it through the Superior Court of New Jersey, Law Division, Special Civil Part’s Court.

CAN I HANDLE A COLLECTION CASE MYSELF?

Many people can and do successfully handle collection cases, from filing the first paperwork to the collection of a judgment.  However, many other people also make mistakes that lead to the dismissal of their cases or that result in the entry of a money judgment against them.  The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the case.  You should never think of handling a case yourself to test your own skills – attorneys may not be able to correct your mistakes.   The following are other reasons to use an attorney to handle part or all of your case:

·         Filing fees often change

·         Court rules often change

·         Court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees

·         Court forms available on websites may not cover every situation you may face in court

·         Each case has its own particular legal issues and therefore, its own challenges

·         It is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the court or being dismissed by the court after filing and before or after trial because of procedural deficiencies.  

·         It is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case. 

·         A court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial. 

·         New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at trial. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items at trial that the person themselves never prepared.  Often parties stumble into special civil part with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents. 

·         without the proper preparation, items and documents may never be considered by the court.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. 

·         you cannot show up at special civil part expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case.  The judge hearing your case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your case.  Hiring an attorney to handle part or all of your case does not guarantee your success.  However, it may provide what is needed to win your case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING COLLECTION CASES?

Yes.  Paul DePetris has performed the following tasks:

·         represented both plaintiffs and defendants in collection cases across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations, including banks and credit card companies.

·         prepared and filed many collection complaints

·         tried nonjury trials in special civil part

·         tried jury trials in special civil part and Law Division, Civil Part

·         mediated collection cases

·         served as a voluntary court mediator for the special civil part, Burlington County, where he successfully assisted parties to lawsuits to settle their cases before they went to trial

·         argued motions in special civil part and Law Division, Civil Part

·         handled special civil part proof hearings and Law Division, Civil Part proof hearings

·         handled special civil part and and Law Division, Civil Part post judgment collection proceedings

·         prepared served information subpoenas.

·         prepared and argued motions to enforce litigant’s rights.

·         prepared and argued motions to turnover funds levied.

·         argued motions for wage executions.

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

 Mr. DePetris has also appeared in federal courts - the District of New Jersey in Camden, Trenton and Newark and in the Eastern District of Pennsylvania.

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling collection cases for an hourly fee, such as by offering to prepare the court paperwork for you or helping you handle your claim by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your case to a fixed sum, while providing you the help you need to handle your case.  For a no cost phone consultation about what the Firm might be able to do for you, call or write an email to Mr. DePetris at consumerlaw@newjerseylemon.com.