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.