Judgments and Enforcement:
A judgment in the
State of New Jersey generally may be enforced or revived
for a period of twenty (20) years from the date of
entry (Sec. 2A:14-5.) All non-exempt
real estate and personal property of a judgment debtor
may be levied upon and sold by executions for the
payment and satisfaction of the judgment. However,
no judgment obtained for the payment and satisfaction of
any employment wage tax, including penalties, may be
enforced pursuant to this section. (Sec. 2A:17-17,
2A:17-20.)
Upon application, a
writ of execution of a money judgment may be issued
against a judgment debtor's non-exempt goods and
chattels, lands if such judgment is rendered in the
Superior Court, and the judgment debtor's body if the
court in which the judgment is rendered shall, by
special order, so direct and shall designate in said
order the maximum number of days during which the
judgment debtor may be detained in custody under such
body execution, in no case to exceed one hundred days.
(Sec. 2A:58-4.)
Generally, when
execution of the judgment is against the wages, debts,
earnings, salary, income from trust funds or profits of
a judgment debtor, notice of such wage execution to the
judgment debtor is required. (Rule 4:59-1(d), Rules of
Court.) The notice of wage execution shall be
served on the judgment debtor in accordance with Rule
1:5-2. The judgment debtor may request a hearing to
object to the wage execution within ten (10) days of
receipt of the written notice, and a hearing will be
scheduled by the clerk of the court within seven (7)
days of receipt of the objection. The judgment
creditor may waive in writing the right to appear at the
hearing on the objection and rely on the papers
submitted. However, in no case shall the amount
specified in an execution issued out of any court
against the wages, debts, earnings, salary, income from
trust funds or profits due and owing, or which may
thereafter become due and owing to a judgment debtor,
exceed 10%, unless the income of such debtor shall
exceed the sum of $7,500.00 per annum, in which case the
court may order a larger percentage. (Sec. 2A:17-56.)
Confession of
judgment is permitted under Rule 4:45 of the Rules Of
Court of the State of New Jersey only upon motion after
notice to the defendant served in lieu of summons in
accordance with Rule 4:4-4 or by registered or certified
mail. On the return day of the motion, the attorney at
law, confessing judgment pursuant to the warrant, shall
produce to the court the warrant, the bond or
instrument, and the affidavit of the plaintiff or
plaintiff's attorney or agent, stating the true
consideration for the liability stated in the
instrument, the amount then justly due the plaintiff,
and that the judgment is not confessed with a fraudulent
intent or to protect the property of the defendant from
creditors. The court may require additional proof in
such form as it directs that the warrant was duly
executed, the person liable is living and was notified
of the application, and the debt or a part thereof is
unsatisfied. The court shall then, if satisfied with the
proofs, order entry of a judgment for such amount as it
finds to be due. (Sec. 2A:16-13)
Foreign Judgments:
Under the Uniform
Enforcement Of Foreign Judgments Act of the State of New
Jersey, (Sec.2A:49A-25, et seq.) ,a judgment, decree, or
order of a court of the United States or of any other
court is entitled to full faith and credit in this
State. A judgment creditor who wishes to enforce a
foreign judgment may file file with the Clerk of the
Superior Court an affidavit setting forth the name and
last known post office address of the judgment debtor,
and the judgment creditor. The affidavit shall
further set forth whether the time to appeal the foreign
judgment has expired and whether the court of origin has
granted a stay of execution. In addition, in the
case of a judgment entered by default, the affidavit
shall so state and shall set forth the expiration date
under the rules of the court of origin for vacating the
default. (Sec. 2A:49A-28.) Notice of the filing
of the foreign judgment is required to be mailed to the
judgment debtor at the address given by the Clerk and
the judgment creditor. No execution or other process for
enforcement of a foreign judgment filed under this act
may be issue until 14 days after the date the judgment
is filed. A judgment so filed has the same effect
and is subject to the same procedures, defenses and
proceedings for reopening, vacating, or staying as a
judgment of a Superior Court of this State and may be
enforced in the same manner. (Sec. 2A:49A-27.)
Interest:
Legal Rate: Six percent (6%) per annum for or
loan of any money, wares, merchandise, goods and
chattels. (Sec. 31:1-1(a).)
Contract Rate: The rate of interest on a written
contract may not exceed sixteen percent (16%) per
annum. (Sec. 31:1-1(a).)
- Judgment Rate: For
judgments not exceeding the monetary limit of the
Special Civil Part at the time of entry, i.e., less
than $10,000.00, regardless of the court in which the
action was filed: commencing January 2, 1986 and for
each calendar year thereafter, the annual rate of
interest shall equal the average rate of return, to
the nearest whole or one-half percent, for the
corresponding preceding fiscal year terminating on
June 30, of the State of New Jersey Cash Management
Fund (State accounts) as reported by the Division of
Investment in the Department of the Treasury.
(Rule 4:42-11(a)(ii).)
- For judgments
exceeding the monetary limit of the Special Civil Part
at the time of entry: in the manner provided above
until September 1, 1996; thereafter, at the rate
provided in Rule 4:42-11(a)(ii) above plus 2% per
annum.
Exemption:
Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in
value, exclusive of wearing
apparel, $1,000.00, and all wearing apparel generally
are reserved for a judgment debtor's family use before
and after death, and are not subject to execution.
(Sec. 2A:17-19.) Household goods and furniture not
exceeding $1,000.00 in value of a person shall also be
exempt from attachment, except for a debt incurred in
the purchase thereof. (Sec.
2A:26-4.) In addition, disability
benefits, sickness insurance policies, workers'
compensation benefits, and retirement benefits are
generally exempt from execution. (Sec. 17:18-12,
34:15-29, 43:21-15(c), 43:13-9, 37.5.)
The State of New
Jersey does not appear to provide a statutory provision
for homestead exemption.