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.