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Saturday, February 21, 2015

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). 

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