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Saturday, February 21, 2015

EVICTION NOTICE TO TENANTS

EVICTION NOTICE TO TENANTS 
BY ORDER OF THE NEW JERSEY SUPERIOR COURT, SPECIAL CIVIL PART, THE TENANTS OF THIS RENTAL PREMISES HAVE BEEN EVICTED AND THE LANDLORD HAS BEEN PLACED IN FULL POSSESSION THEREOF. 
ANY PERSON(S) FOUND TRESPASSING OR ENTERING THE PREMISES WITHOUT PERMISSION FROM THE LANDLORD WILL BE TRESSPASSING AND MAY BE SUBJECT TO ARREST. 
LOCATION OF RENTAL PREMISES: 
________________________________________________________________________________________________________________________________________________________________________ 
DATED: _______________ 
SPECIAL CIVIL PART OFFICER AUTHORIZED TO PERFORM THE EXECUTION OF THE WARRANT OF REMOVAL: __________________________________________ 
SPECIAL CIVIL PART OFFICER 
IN THE EVENT THE TENANT(S) FAIL TO VACATE OR RE-ENTERS THE PREMISES AFTER THE WARRANT FOR REMOVAL HAS BEEN EXECUTED BY THE SPECIAL CIVIL PART OFFICER, THE POLICE IN THIS MUNICIPALITY WILL BE CONTACTED BY THE SPECIAL CIVIL PART OFFICER, AND WILL BE REQUESTED AND AUTHORIZED TO PROVIDE ASISSTANCE TO REMOVE THE TENANTS FROM THESE RENTAL PREMISES, PER THE ATTACHED WARRANT OF REMOVAL ISSUED BY THIS COURT. 

NOTICE TO DEFENDANT judgment unpaid

NOTICE TO DEFENDANT judgment unpaid
On the day of , , a judgment was entered against you by this Court in the amount of $ , plus costs and fees of $ , for a total due of $ . 
To date, this judgment remains unpaid. Unless you contact me immediately and make satisfactory arrangements to pay the total due, I shall apply to the Court for an Order permitting me to enter your home to levy on your household goods and furnishings, inventory them and have them appraised so that the value in excess of $1,000 may be sold at public auction to the highest bidder to satisfy the judgment. 

NOTICE TO DEFENDANT on judgment

ATTACHMENT C to APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 
Sample Notice to Defendant Superior Court of New Jersey 
Law Division, Special Civil Part 
County 
Plaintiff 
Docket No. 
v. 
NOTICE TO DEFENDANT 
Defendant 
On the day of , , a judgment was entered against you by this Court. A copy of the writ of execution is attached showing the total amount due. 
The following steps or any one of them can and will be taken to collect this judgment and may result in additional costs unless you contact the undersigned Court Officer immediately and make satisfactory arrangements to pay the total due. 
Except for public benefits such as welfare, Social Security, S.S.I., Veterans’, unemployment, and workers’ compensation, your cash assets may be seized. 
Your personal property may be seized and sold. 
You may be entitled to an exemption of $1,000 in cash and personal property. 
Goods that were part of the transaction that led to this judgment may be seized regardless of value. 
A portion of your wages over $217.50 per week may be paid to plaintiff. 
A lien may be placed against your real estate. Dated: 
Special Civil Part Officer 
Telephone No. 
PO Box or Street Address 
City, NJ, Zip 

NOTICE TO DEBTOR on levy


ATTACHMENT B to APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 
Re: 
SUPERIOR COURT OF NEW JERSEY 
LAW DIVISION, SPECIAL CIVIL PART 
County 
v. 
Docket No. 
NOTICE TO DEBTOR 






An attempt has been made to levy upon your asset, in an amount not to exceed $ at the instruction of: 
to satisfy in whole or in part the judgment against you in the above matter. If you are an individual rather than a business entity, some property may be exempt from execution by Federal and State law, including but not limited to clothing and a total of $1,000.00 of cash and personal property, except for goods purchased as part of the transaction which led to the judgment in this case. In addition, welfare benefits, social security benefits, S.S.I. benefits, V.A. benefits, unemployment benefits, workers’ compensation benefits and child support you receive are exempt, even if the funds have been deposited in a bank account. If any funds belong to a joint owner an objection to the levy can be filed to release the funds not owned by the debtor from the levy. 
If the levy is against an account at a bank listed below, the bank has already been notified to place a hold on any account that you may have at the bank. However, the funds will not be taken from your account until the court so orders. If you are entitled to an exemption as an individual, you may claim your exemption by notifying the clerk of the court and the person who ordered this levy of your reasons why your property is exempt. This claim must be in writing and if it is not mailed within 10 days of service of this notice, your property is subject to further proceedings for execution. The address of the court is: . If this judgment has resulted from a default, you may have the right to have this default judgment vacated by making an appropriate motion to the court. Contact an attorney or the clerk of the court for information on making such a motion, or, for forms and instructions, go to: www.judiciary.state.nj.us/prose/10543_motion_spccvl.pdf. 
A Writ of Execution has been served on the following: 1. 
2. 
3. 
4. 
5. 

ATTACHMENT A to APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 Special Civil Part Officer’s 30 Day Notice of Intention to Return a Chattel or Wage Execution

30 
ATTACHMENT A to APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 
Special Civil Part Officer’s 30 Day Notice of Intention to 
Return a Chattel or Wage Execution 

From: 
Officer 
Address 
To: 
Writ # 
Address 
Wage # 
VJ # 
Docket No. 
Case Caption: 
vs. 
Dear Sir/Madam: 
New Jersey Court Rule 6:7-1(a) requires that I provide you with 30 days’ notice, of my intention to return the above noted execution to the Special Civil Part Clerk’s Office. Unless I receive further instruction from you or the court within 30 days hereof, I must return this execution. In addition, I must also contemporaneously instruct the applicable bank or other financial institution to release any levy and otherwise return any other personal property to the debtor that may have been frozen or levied upon, unless you obtain another writ or a court order extending the life of this writ. 
The specific reason(s) for my intention to return the above execution is as follows: 
A writ of execution issued out of the Superior Court, Law Division, Special Civil Part shall remain valid and effective for the purpose of a levy, and shall be operative and effective against any goods and chattel levied upon, for only two years from the date of its issuance, unless sooner satisfied. Thereafter, it shall be void. [N.J.S.A. 2A:18-27] This writ will expire within 30 days hereof. 
I have completely satisfied this wage execution. [Also Rule 6:7-3(b)] 
I have completely satisfied this chattel execution. 
I have partially satisfied this wage execution. 
I have partially satisfied this chattel execution. 
This wage execution is unsatisfied. 
This chattel execution is unsatisfied. 
An asset/employment cannot be located. If you have additional asset/employment information kindly forward a request to the court to issue an amended or alias execution. 
Additional Comments: 

Fee for Additional Services NJ

Fee for Additional Services 
The execution of the warrant for removal requires the landlord to contact the Special Civil Part Officer, who originally served the warrant of removal, to schedule the date and time of the Officer’s timely execution of the warrant of removal, in accord with Rule 6:7-1(d). The landlord must provide the Officer with access to the rental property on the date and time that the Officer has agreed to perform the execution. The Officer shall announce his/her arrival at the rental property demanding all tenants, if any, to vacate immediately. The Officer shall inspect the rental property to determine if all tenants have departed. In the event tenants remain at the time of execution of the warrant of removal, and the Officer has reason to believe that they have no intention to leave and/or otherwise may breach the peace, the Officer shall immediately contact the police within the municipality that the rental property is located within, requesting assistance. The Officer shall affix the warrant of removal and the final “Eviction Notice to Tenant” form, or a form comparable thereto, to the primary door of the rental premises. (See Attachment E to this Appendix). 
No “additional services,” beyond the execution of the warrant of removal as defined above, is required. For each execution of a warrant for removal in tenancy actions, the Special Civil Part Officer, upon request and agreed to by the landlord or landlord’s representative, may perform additional services beyond the execution of the warrant of removal. The fee for additional services, if any, may not exceed $75. However, the Civil Presiding Judge can permit prior thereto, in writing, for the Officer to charge more than $75 in certain circumstances deemed appropriate by the Civil Presiding Judge, as per Section V., C herein. The additional services fee, if any, and applicable mileage fee for executing the warrant of removal, shall be paid by the landlord directly to the Special Civil Part Officer and the Special Civil Part Officer must indicate the amounts thus received in the spaces designated for that purpose on the warrant and issue a pre-numbered receipt for those amounts to the landlord or landlord’s representative. If the landlord or landlord’s representative does not request and/or agree to pay for any additional services, the Special Civil Part Officer shall execute the warrant of removal only, as defined herein, upon payment of the mileage fee by the landlord, and without performing any additional services. 
The Officer can demand the time and manner of payment from landlords in their county of appointment, as permitted by the Assignment Judge. Otherwise, the Officer can only demand payment in advance from a particular landlord if that landlord or their representative previously failed to timely appear within 30 minutes of their scheduled date and time on a previously scheduled warrant of removal execution. The Officer can also demand payment in cash or certified funds from a particular landlord if that landlord or landlord’s representative previously provided a check that had insufficient funds. In 29 


either instance, the Officer must first contemporaneously memorialize this in writing to the applicable landlord or landlord’s representative, stating the permissible future basis thereof, and copy the Assistant Civil Division Manager who shall retain a copy. In no event can an Officer retain a fee for anticipated additional services, if those services were in fact not rendered. 

Mileage Fee for Service and Execution of the Warrant for Removal in Tenancy Actions

Mileage Fee for Service and Execution of the Warrant for Removal in Tenancy Actions 
The Special Civil Part Officer is paid an additional mileage fee for service and execution of the warrant of removal, pursuant to N.J.S.A. 22A:2-37.1(a)(6). The applicable mileage fee for service of the warrant of removal is collected by the court from the landlord and then paid to the Officer. The applicable mileage fee for execution of the warrant of removal is paid directly to the Officer by the landlord. Mileage fees are allowed only for travel actually incurred to serve or execute the warrant of removal. 

Procedures and Fees for Evictions

Procedures and Fees for Evictions 

A. Service and Execution of Warrant for Removal 

A warrant for removal cannot be executed by a Special Civil Part Officer earlier than the third business day after service on a residential tenant. This additional three day period does not apply to commercial tenancies; the Special Civil Part Officer may proceed to evict a commercial tenant on the day a warrant is served. The warrant must be executed between the hours of 8:30 a.m. and 4:30 p.m. on a day when court is in session in order to permit the tenant to seek relief from the warrant while the court is still in session that day. 
A Special Civil Part Officer who has reason to believe that a breach of the peace may occur during the execution of the warrant for removal should request assistance from the local police department. The police cannot execute the warrant, but they can stand by to prevent a breach of the peace. 28 

B. Officer Fee for Issuance/Execution of a Warrant for Removal in Tenancy Actions 
The court charges a landlord $35.00 for issuance of the warrant for removal in tenancy actions. The Special Civil Part Officer is paid $10.00 from this fee, for service and execution of this warrant of removal, pursuant to N.J.S.A. 22A:2-37.2(a)(8). 

Service of Post – Judgment Process Issued by the Civil Part

Service of Post – Judgment Process Issued by the Civil Part 
Special Civil Part Officers who serve post-judgment process issued by the Civil Part in L and DJ docket type cases shall comply with the process outlined above in Section II of this Appendix, and in addition shall comply with the following: 27 


A. Rule Requirements 

All writs of execution and/or possession bearing L or DJ docket numbers are filed and cognizable in the Superior Court, Law Division. As such, said executions are governed by R. 4:59-1(a) which states that “Unless the court otherwise orders, every writ of execution shall be directed to a sheriff …” This rule and R. 6:1-1(e) both state that “A writ of execution issued by the Civil Part of the Law Division shall not be directed to a Special Civil Part Officer except by order of the Civil Presiding Judge and such order shall specify the amount of the Officer’s fee.” R. 6:1-1(e) further requires the Special Civil Part Officer in such cases, “… to account to the court for all funds collected and disbursed pursuant to the writ and … to obtain and file a bond in such sum and form as the Civil Presiding Judge may deem necessary.” To aid in tracking such orders, the Civil Presiding Judge shall file them in the Civil Part, and send a copy to both the Civil Division Manager and Assistant Civil Division Manager. 
The Officers shall not serve or process any such executions absent compliance with these rules. Specifically, the Officers shall not serve or process any such executions absent the Officer’s fee being addressed in the order. The Officers shall be required to present a copy of any such order to the Civil Division Manager prior to processing any such execution. 
B. Bond Requirements for Civil Part Executions 
In matters cognizable in the Civil Part, where the judgment amount exceeds $15,000, Special Civil Part Officers shall provide such bond or other security as may be necessary to indemnify creditors and the State of NJ in the event of loss or misuse of funds. This amount shall be set forth in the aforementioned order and the Officers shall be required to present proof of compliance with the bonding requirements to the Civil Division Manager and the Finance Division Manager prior to processing executions, as defined in this section. 
C. Geographic Limitation 

Special Civil Part Officers shall not serve nor process any executions, as defined in this section, outside the geographic limits of the county/venue in which he/she has been appointed. 

Resolution of Disputes Regarding Fees and Dollarage

Resolution of Disputes Regarding Fees and Dollarage 
Pursuant to N.J.S.A. 22A:2-37.2, a Special Civil Part Officer is entitled to his or her fee or dollarage when a levy made by the Special Civil Part Officer is the effective cause in producing payment or settlement of a judgment. Special Civil Part Officers retain the right to collect their fees or dollarage through an independent civil lawsuit and/or a motion in the underlying case. Issues pertaining to the appearance of conflict, as a result of any such lawsuit or motion, shall be addressed by the Assignment Judge or designee assigned to hear the suit or motion. The Assignment Judge must be immediately informed by the Officer if there is any civil litigation that they, or their immediate family members, are involved within their county of appointment. (See Section V (C) and Appendix D – Disclosure Form) 
J. Coordination of Collection Efforts With Other Officers 

On any given case there may be more than one execution issued to two or more Special Civil Part Officers. Upon receiving notice that this has occurred, each Officer must contact the other Officer(s) and coordinate their collection efforts to avoid overpayment by the judgment debtor. 

Execution Sales NJ

Execution Sales 
1. Threats to Sell Personal Property 
Special Civil Part Officers shall not post execution sale notices unless they intend to actually hold such a sale. Special Civil Part Officers shall not threaten to hold a sale of a judgment debtor’s personal property when one cannot be held or when a sale can be held but there is no real intention to do so. 
The Special Civil Part Officer may utilize the notices set forth in this Directive to tell a judgment debtor what steps may be taken to enforce a judgment. See Attachments C and D to this Appendix, “Sample Notices to Defendants.” Both notices should contain the seal of the Superior Court. The purpose of these notices is to stimulate the judgment debtor to contact the Special Civil Part Officer to arrange to make payment without making idle threats. 

These notices are not a substitute for the Notice to Debtor, prescribed by Rule 6:7-1(c), which is served on the judgment debtor when the levy is actually made, nor a substitute for the notice of sale indicating the time and place of the intended sale that is to be posted in the sheriff’s office. 
2. Notice of Sale 
In setting the date for a public sale of personal property that has been levied upon pursuant to a goods and chattel execution (writ), the Special Civil Part Officer must allow at least 10 days’ notice of the sale date to be served by the judgment creditor’s attorney, or the judgment creditor if they do not have an attorney, by certified mail, return receipt requested, on all parties to the 26 

action, the owner of record and any person who has an interest in the property that has been recorded in public records of any court or the county. The Special Civil Part Officer must then post a notice of sale in the sheriff’s office at least five days before the date of the sale. The notice must be signed by the Special Civil Part Officer and state the date, time and place of the sale and, if the sale involves a motor vehicle, the notice must contain a description of the motor vehicle. The Officer must also file a copy with the Special Civil Part Clerk’s Office. 
3. Place of Sale 
The sale must ordinarily be conducted at the sheriff’s office, but may take place at the facility where a vehicle has been stored, or at the judgment debtor’s home, if household belongings are to be sold. 
4. After the Sale 
If a motor vehicle has been sold, the Special Civil Part Officer must execute and deliver to the purchaser an application for a certificate of ownership, in the form prescribed by the Motor Vehicle Commission, which will contain the name and address of the person from whom the motor vehicle was taken. A copy of the execution and a copy of the notice of sale must be attached to the application. Within 30 days after the sale of any personal property, the Officer must file a certification with the Special Civil Part Clerk’s Office which sets forth their bill of costs and execution fees, the date, place and time of the sale, the amount due on the execution as of the date of the sale, and the amount for which the property was sold. 

Notice to Debtor levy nj

Notice to Debtor levy nj
The Court Rules require that on the day the Special Civil Part Officer levies on personal property, the Officer must send a copy of the Notice to Debtor, set forth in Appendix VI to the Court Rules, by ordinary mail to the judgment debtor and to the attorney for the judgment creditor, or to the judgment creditor if the judgment creditor is not represented by an attorney. See Attachment B to this Appendix, “Notice to Debtor.” The Special Civil Part Officer must also file a copy with the Special Civil Part Clerk’s Office but this does not have to be done if the levy was made on a bank account. 
G. Certification of Levy 

The Special Civil Part Officer must execute a certification of levy stating the date, time, place and amount of the levy and send it to the judgment creditor’s attorney or the judgment creditor if they do not have an attorney. In cases involving bank levies, the certification of levy does not have to be executed until the bank or financial institution notifies the Special Civil Part Officer of how much money was seized as a result of the levy. However, as previously noted, if a levy was made by the officer within 30 days of the writ’s expiration, the Officer is permitted to retain this writ and levy for an additional 60 days from the date of the writ’s expiration, and the Officer advises and copies the Assistant Civil Division Manager or designee with their Certification of Levy. (See Section II(A) of this Appendix F). 

Constructive Levy in NJ

Constructive Levy in NJ
If the vehicle is locked inside a garage or if the Special Civil Part Officer chooses, with the consent of the judgment debtor and the judgment creditor’s attorney or the judgment creditor, if they do not have an attorney, the Officer can leave the motor vehicle in the possession of the judgment debtor. The Special Civil Part Officer then sends or delivers the Notice to Debtor to the judgment debtor, judgment creditor or judgment creditor’s attorney if they have an attorney, and to the Special Civil Part Clerk’s Office and files the above-mentioned SS-55 form and a copy of the goods and chattel execution with the Motor Vehicle Commission. The Motor Vehicle 


Commission will then record the judgment creditor’s levy for 24 months precluding the judgment debtor from selling or giving away their motor vehicle during that period of time. 

Levies on Motor Vehicles NJ

Levies on Motor Vehicles NJ
Before the Special Civil Part Officer levies on a motor vehicle, the judgment creditor’s attorney or the judgment creditor, if not represented by an attorney, can provide helpful information to the Officer, such as a title lien search reflecting that the name of owner of the motor vehicle is the same name that appears on the goods and chattel execution and that there are no registered lienholders on the motor vehicle. There are two options for levying on a motor vehicle: 
1. Actual Levy by Seizure 
The judgment creditor’s attorney or the judgment creditor, if they are not represented by an attorney, must file or authorize the Officer to file on their behalf a title lien search form (DO-22 Motor Vehicle Commission Form that costs $15) before a motor vehicle can be physically levied upon. The motor vehicle’s year, make and VIN # are required in order to complete this form. The lien search results will reflect the existence, if any, of a registered lienholder. The judgment creditor or the judgment creditor’s attorney, if they have an attorney, should provide the Special Civil Part Officer with a letter or other document stating that the judgment creditor will hold the Special Civil Part Officer harmless for any damages that may result from the seizure of the automobile and that they will be responsible to satisfy the registered lienholder’s interests, if any, in the event the proceeds from any subsequent sale do not satisfy the registered lienholder’s lien. 

The judgment creditor’s attorney or judgment creditor, if they do not have an attorney, is responsible for making arrangements with an in-county towing company to be present at the time of the levy, to tow the vehicle to a storage facility in the county and to pay the storage fees that accumulate pending the judicial sale. The company must be bonded to cover the value of the vehicle and agree to store the vehicle in the county after the levy has been made. If the Special Civil Part Officer has reason to believe that a breach of the peace may occur during the physical levy, the Officer should contact the local police department and ask that a police officer be present. After making the levy, the Special Civil Part Officer must file a copy of their goods and chattel writ of execution along with a completed Motor Vehicle Commission SS-55 form with the Motor Vehicle Commission. The Motor Vehicle Commission will then record the judgment creditor’s levy for 24 months and require the judgment debtor to surrender title papers upon proper sale of the motor vehicle (See Appendix F, Section II(H)(4)). The Officer is required to also send the Notice to Debtor form to the judgment debtor, judgment creditor or their attorney and the Special Civil Part Clerk’s Office. 

Other Personal Property levy nj

Other Personal Property 
The Special Civil Part Officer executes on other personal property owned by the judgment debtor by making an actual or constructive levy. An actual levy occurs when the Officer physically seizes the property and takes control of it. A constructive levy occurs when the Officer serves the writ of execution on the judgment debtor but decides, with the consent of the judgment creditor or judgment creditor’s attorney and the consent of the judgment debtor, to leave the property in the possession of the judgment debtor until the writ is satisfied by payment or the Officer’s judicial sale of the property. In either event, if the property consists of inventory that cannot be removed immediately from the premises where they are found, the Officer may lock the premises to prevent its removal by the judgment debtor. If the judgment debtor and creditor do not agree to a constructive levy, the Officer can return with a vehicle to remove and then store the inventory, with the judgment creditor or judgment creditor’s attorney’s permission. The cost of removing and storing the inventory is the immediate responsibility of the judgment creditor, who may subsequently be able to recover those costs from the judgment debtor. The judgment creditor or the judgment creditor’s attorney, if they have an attorney, should provide the Special Civil Part Officer with a letter or other document stating that the judgment creditor will hold the Special Civil Part Officer harmless for any damages that may result from the seizure of the judgment debtor’s personal property and that they will be responsible to satisfy registered lienholder’s interests, if any, in the event the proceeds from any subsequent sale do not satisfy the registered lienholder’s lien. At the time of the levy, the Officer shall provide the judgment debtor or custodian of the judgment debtor’s assets with a list of the items seized, appraised in accord with section II(C) of this Appendix and a pre-numbered receipt for any cash that has been 24 


seized. These procedures apply to motor vehicles but additional procedural requirements also apply (see below). 

Levy Procedures special civil

Levy Procedures special civil
1. Bank Accounts 

The Special Civil Part Officer levies on a bank account by serving a copy of the writ of execution on a manager or officer of the bank, savings and loan association or credit union where the judgment debtor has an account. The Officer must complete and mail a copy of the Notice to Debtor to the judgment debtor and the judgment creditor, or judgment creditor’s attorney if they have an attorney, on the same day the writ is served reflecting the amount of money, if any, that the bank or financial institution advises has been levied upon. If the bank or financial institution fails to advise the Officer how much money, if any, was levied upon at the time he/she serves the writ, the Officer must still complete and mail a copy of the Notice to Debtor, as previously described, and reflect that the full judgment amount was levied upon. See Attachment B to this Appendix, “Notice to Debtor.” Once the bank or financial institution notifies the Officer of the amount of the levy, if any, the Officer must execute a Certification of Levy reflecting the amount levied and send it to the judgment creditor’s attorney or directly to the creditor if the creditor does not have an attorney. If the court issues an order directing the bank to turn over the seized funds, the Officer serves it on the bank and deposits the bank’s check into the Officer’s trust account. The Officer then deducts 10% for the Officer’s fee and remits the balance to the judgment creditor’s attorney or to the judgment creditor if they do not have an attorney. 

Appraisal Procedure to Ascertain $1,000 Individual Exemption

Appraisal Procedure to Ascertain $1,000 Individual Exemption 
A judgment debtor who is a natural person (i.e., not a corporation or limited liability company) is entitled to an exemption from execution of all wearing apparel and $1,000 in cash or personal property. To determine the value of the personal property levied upon, for purposes of determining what will be exempt from sale, the Special Civil Part Officer appoints three “discreet and judicious persons” from the county who have no interest in the case, to appraise the property. The appointment must be in writing, contain an oath in which the appraisers swear or affirm to “faithfully, honestly and impartially” appraise the “true and intrinsic value” without regard to the fact that the sale will be made pursuant to court order, and it must be signed by each of the appraisers. On five days’ notice to the judgment creditor or the judgment creditor’s attorney, the appraisers set a time and place for the appraisal to take place. The appraisal must be in writing, include a list of the items appraised and their values, and be signed by the appraisers. The judgment debtor then selects items, up to $1,000 in value, that are exempt from the sale. 23 


If the judgment debtor is not present, the selection can be made by the spouse or family, and if they are not present, the selection is made by the Officer or appraisers. Each appraiser is paid $1.00 for their services, which is added to the costs in the case. (See N.J.S.A. 2A:17-19 through 25.) 

Time and Place at Which Levy Can Be Made

Time and Place at Which Levy Can Be Made 
Levies upon the judgment debtor’s personal property, located inside the judgment debtor’s home, another person’s residence or garage attached to a residence, can be made only between the hours of 6:00 a.m. to 10:00 p.m., unless a court order provides otherwise. Special Civil Part Officers cannot enter and make a levy within the judgment debtor’s home, another person’s residence or the garage attached to a residence, without the judgment debtor’s consent, unless a separate court order specifically permits the Officer to do so. Levies upon personal property that is not located inside a judgment debtor’s home, another person’s residence or garage attached to a residence can be made at any time. A Special Civil Part Officer can be required to levy upon a judgment debtor’s property, outside the hours of 6:00 a.m. to 10:00 p.m., only if that property cannot otherwise be levied upon during those hours. 

The Special Civil Part Officer shall issue a pre-numbered receipt for any cash seized and shall make a true inventory of all other property seized at the time of the seizure and shall annex a copy of the inventory and/or cash receipt to the writ. The Officer shall file same with the court and mail to the judgment creditor or judgment creditor’s attorney and the judgment debtor, within five days after the levy, a certification of levy and a copy of the inventory, appraisement and cash receipts. 

Service of Post – Judgment Process-Special Civil Part

Service of Post – Judgment Process-Special Civil Part 
Special Civil Part Officers who serve post-judgment process shall comply with the following: 
A. Communication with Judgment Creditors/Attorneys and Court Officer Execution Returns 
Special Civil Part Officers must notify the judgment creditor or the judgment creditor’s attorney within five business days when an execution has been received for his/her case. Requests from judgment creditors or their attorneys for information regarding the status of an execution should be responded to within 15 calendar days. 
At the end of two years, a good and chattel execution (writ) is considered invalid and void, under N.J.S.A. 2A:18-27, and must be returned to the Special Civil Part Clerk’s Office marked “satisfied,” “partially satisfied,” or “unsatisfied,” with a notation of the exact amount collected by the Officer. 
In the rare instance when a levy was made by the Officer within 30 days of the writ’s expiration, the Officer is permitted to retain this writ and levy for an additional 60 days from the date of the writ’s expiration, for the purpose to allow the judgment creditor to file the applicable motion to turnover. If during this time the Officer is notified that a motion to turnover has been filed with the court regarding this writ, then the Officer shall retain this writ further upon resolution of that motion. However, once the writ expires after two years, the Officer cannot levy upon any other of the judgment debtor’s assets or collect any money from the judgment debtor directly. Upon receipt of the expired writ register, the Officer shall advise the Assistant Civil Division Manager or designee, and provide a copy of each Certification of Levy previously submitted to the judgment creditor or their attorney, on those writs thereon wherein an asset was levied upon by the Officer within 30 days of that writ’s expiration. 
Wage executions have no such time limit but also require a return to be marked “satisfied,” “partially satisfied,” or “unsatisfied,” with a notation of the exact amount collected by the Special Civil Part Officer. An Officer can mark an execution return “fully satisfied” only if the entire judgment amount and the officer’s entire commission were collected by the Officer personally and the return must provide the dollar amounts collected. The Officer can only reflect on an execution’s return how much money they collected personally; they cannot reflect the amount that the judgment creditor or the judgment creditor’s attorney may have received from a judgment debtor. 
The Special Civil Part Officer must give the judgment creditor or judgment creditor’s attorney 30 days’ written notice of intent before they return every goods and chattel or wage execution. This is not required if the judgment creditor or judgment creditor’s attorney requests the officer to return the execution. The creditor can submit, prior to the writ or wage execution’s expiration or prior to an Officer’s execution return, a certification stating how much additional or accrued interest must be collected before the execution is returned. However, an accrued interest request on a writ does not permit the officer to continue to collect beyond the two year expiration date of the aforesaid writ. The judgment creditor may also request the issuance of an additional goods and chattel execution (writ) to be reserved by the same Officer upon that same asset, if that Officer previously levied on that asset and/or is otherwise collecting upon that prior writ. 

The 30-day notice of intent to return an execution shall state that all personal property will be returned and/or all levies will be released by the Special Civil Part Officer upon the return of the writ unless the writ is extended by order of the court, the judgment creditor obtains an additional writ (alias or pluries writ) that is timely served by the Officer upon the same asset or as otherwise provided herein. See Attachment A to this Appendix, “Special Civil Part Officer’s 30 Day Notice of Intention to Return a Chattel or Wage Execution.” Executions must be returned to the Special Civil Part Clerk’s Office within two weeks of a request by the judgment creditor, judgment creditor’s attorney or by the Special Civil Part Clerk’s Office. The return of the execution is without prejudice to the Special Civil Part Officer’s right to collect fees and dollarage that may be due. 

Conflicting Mailing Address

Conflicting Mailing Address 
It is the duty of a Special Civil Part Officer to complete service of process even if the street address of the place of service is actually in a town that has a different mailing address and a different mileage fee from the amount paid by the plaintiff. In the event that additional mileage 21 

is due the Special Civil Part Officer, it is his/her responsibility to take the necessary steps to advise the plaintiff to send the additional mileage fee to the Finance Division with the docket number of the case. If the actual location is in a town that carries a lesser mileage than that paid by the plaintiff, the Special Civil Part Officer is entitled to retain the excess. 
4. Communication with Parties 

It is the duty of each Special Civil Part Officer to establish a location and a telephone number at which he/she can be reached any day during standard court hours of 8:30 am to 4:30 pm. The Special Civil Part Officer must return all telephone calls within 48 business hours. See Sections VI-A and VI-B, “Business Office Location” and “Business Hours,” respectively. 

Unserved Process special civil NJ

Unserved Process special civil
a) It is the responsibility of the Special Civil Part Officer to provide as much information as possible when returning the initial process unserved. The Officer must advise the plaintiff of the specific reasons service could not be made. Examples of acceptable reasons are: 
(1) Dangerous animal prevents service; 
(2) Cannot gain entrance to premises, i.e., door locked, fence, etc.; 
(3) Defendant receives mail at the address but does not reside there; 
(4) Defendant is owner of the real estate but does not reside on premises; 
(5) Cannot serve at place of business. This return must also include a certification as to the date, time, and name or description of the person who refused the Special Civil Part Officer permission to serve the process. 
If the party to be served is on vacation, the Special Civil Part Officer is not entitled to a reissue fee unless the Officer has proceeded with at least four attempts at service as set forth above. 
b) If a specific reason is not given to the plaintiff, a Special Civil Part Officer is not entitled to reservice fees and mileage if the papers are reissued to the same address and if plaintiff presents proof that the previous address furnished is correct. This proof may be by verification from the post office or telephone calls to neighbors. Where telephone verification is used, plaintiff should include the name and telephone number of the neighbors contacted. 
(1) If the address furnished is a large complex, the Special Civil Part Officer is only entitled to a reservice fee if he/she certifies that there is no directory, mailbox, or superintendent that would lead the Officer to the correct apartment or unit. 
(2) If the Special Civil Part Officer cannot locate the address and the address does exist, no reservice fees shall be allowed. 


Procedures for Serving Initial Process in Other Special Civil Part Actions

Procedures for Serving Initial Process in Other Special Civil Part Actions 
1. Time for Service 
a) The first attempt at service must be made within seven days from the date the Special Civil Part Officer received the process from the Special Civil Part Clerk. 

b) Within 30 calendar days after receiving process, a return must be made to the court. 

c) During this 30-day period, at least four attempts at service must be made. At least one attempt must be made after 6:00 p.m. during the week or on a weekend. Each date and time of attempted service must be noted by the Officer. If the process is unserved, the return must include a description of the premises where service was attempted. 
d) If a return is not made within 30 days, no additional matters shall be assigned to the Special Civil Part Officer at the discretion of the Civil Presiding Judge until the Officer is no longer in violation of this provision. 

PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS

APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 
PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS 
I. Service of Initial Process – Special Civil Part 
All Special Civil Part Officers who serve initial process shall comply with the following procedures: 
A. Procedures for Serving Summons and Complaint in Tenancy Actions 
1. Timely Service 
The Special Civil Part Officer will timely receive his/her assigned work in this regard from the Special Civil Part Clerk's office and they must, in turn, timely serve a tenant on or before 10 calendar days prior to the scheduled landlord/tenant trial date. 
2. Personal Service 
The Special Civil Part Officer to whom the summons and complaint have been assigned for service must first make an attempt to personally serve the defendant or anyone over the age of 14 who resides in the premises. 
3. Posting 
If the Special Civil Part Officer is unable to make personal service, the Officer must attach a copy to “the door of the unit occupied by the defendant or, if that is not possible, on another conspicuous part of the subject premises.” 
4. Completing the Return of Service 
If the Special Civil Part Officer succeeds in making personal service, the Officer must complete the section of the return of service that provides for the date of timely service and describes the individual served. If the Special Civil Part Officer could not make personal service, the Officer must describe the efforts made to personally serve the defendant and then describe the premises if the summons and complaint were posted. The return of service must indicate the date and time of service and be signed by the Officer. 

A copy of the completed return of service must be delivered by the Special Civil Part Officer to the Special Civil Part Clerk’s Office as soon as possible but no later than the court date. 

Procedures for Service of Process By Special Civil Part Officers

Procedures for Service of Process By Special Civil Part Officers 
The service of initial, mesne, and post-judgment process shall be carried out by Special Civil Part Officers pursuant to the procedures set forth in Appendix F to this Directive, which is entitled “Procedures for Service of Process by Special Civil Part Officers,” and relevant New Jersey Rules of Court and statutes. Appendix F forms will be updated from time to time by the Administrative Office of the Courts and Special Civil Part Officers are expected to keep themselves abreast of all such changes. Common examples of initial process are service of landlord/tenant summons and complaints or reservice of original service of process on other docket types within the Special Civil Part Court. Examples of mesne process are service of a writ of attachment or writ of replevin. Common examples of post-judgment process are a writ of execution against goods and chattels or an order for execution against wages. 

Writ Register Requirements for Officers Serving Post-Judgment Process

Writ Register Requirements for Officers Serving Post-Judgment Process 
The Special Civil Part Officer shall maintain a Writ Register for all Civil Part, if any, and Special Civil Part executions. The writ register shall contain: 
1. Issue date of execution and expiration date of execution 
2. Date of the execution (date the Officer enters this information into their computer) 
3. Execution number (writ #) 
4. Docket number, venue, vicinage judgment (VJ) number or docketed judgment (DJ) number of the case 
5. Nature of the execution (wage, chattel or replevin) 
6. Caption of the case 
7. Amount of the execution 
8. Remarks/status of execution, which must provide, as follows: 
a) Date(s) of attempted service; 
b) Date of actual service if more than one date of attempted service; 
c) Verification of the debtor’s employment, if any, and any other relevant information provided by the garnishee to the Officer (e.g., debtor never employed, debtor’s employment terminated, debtor seasonal or part time employee, etc.); 
9. Notice of bankruptcy, if any 

10. All accrued interest requests, if any.