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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).)
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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).)
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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. |