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Saturday, February 21, 2015

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. 

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