standard on removal of eviction case to Superior Court IVY HILL PARK APARTMENTS, PLAINTIFF, v. GNB PARKING CORPORATION, 236 N.J. Super. 565 (1989)

236 N.J. Super. 565 (1989)

566 A.2d 565

IVY HILL PARK APARTMENTS, PLAINTIFF, v. GNB PARKING CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided February 1, 1989.

David B. Zolotorofe for plaintiff (Goldman, Carlet, Garrison, Bertoni & Klein, attorneys).

Robert C. Auriemma, for defendant.

[236 N.J. Super. 567]

HONIGFELD, J.S.C.

This opinion amplifies a decision by this court in a summary action between landlord and tenant for recovery of commercial premises due to violation of lease covenants. The case raises the novel question of whether the specificity requirements of N.J.S.A. 2A:18-53(c)(4) for the notice to terminate the tenancy and quit the premises may be satisfied if such notice incorporates by reference a sufficiently specific recent notice to cease or cure the violations. This court answers the question affirmatively.

Under the lease in question, Ivy Hill Park Apartments (hereafter "Ivy Hill" or "owner") leased two large parking areas servicing a large apartment complex in Newark, near its border with Maplewood, South Orange and Irvington to GNB Parking (hereafter "GNB" or "tenant"), for a ten-year period commencing January 1, 1985.

The most critical portion of the lease, paragraph 17(1), entitled "Default," provides in pertinent part:

If Tenant defaults in fulfilling any of the covenants of this lease ... then, ... upon Owner serving a written five (5) days notice upon Tenant specifying the nature of said default and upon the expiration of said five (5) days, if Tenant shall have failed to comply with or remedy such default or if the said default or omission complained of shall be of a nature that the same cannot be completely cured or remedied within such five (5) day period and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default, then Owner may serve a written three (3) days notice of cancellation of this lease upon Tenant, and upon expiration of said three (3) days, this lease and the terms thereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this lease and term thereof and Tenant shall then quit and surrender the demised premises to Owner but Tenant shall remain liable as hereinafter provided.

The lease allows a right of re-entry by Ivy Hill in the event of breach of a lease covenant by GNB and Ivy Hill's compliance with paragraph 17(1). The instrument contains several covenants which were crucial to the ultimate outcome in this case. Paragraph 46 states:

[236 N.J. Super. 568]

Tenant shall at its own expense maintain and keep the demised premises in good repair including, without limitation, any repairs to the booths and control arms, ... repairs to the pavement....

Paragraph 54 required tenant to "provide separate attendants for each of the parking booths on a 24 hour per day and 7 day per week basis." Paragraph 58 stated that in the event of damage to booths and arms by fire or other casualty, repairs were to be done by tenant at its expense.

The document, in paragraph 27, entitled "Bills and Notices," permitted service of any notice or communication which the owner might desire or be required to give to tenant by "certified mail" at the "business address" of tenant. Its introductory paragraph designated the principal office of GNB as being "c/o Charles Fine, Esq., 1501 Broadway, New York, N.Y. 10007."

Ivy Hill sent a letter dated May 25, 1988 to Bernard Wittie, president of GNB, entitled "Notice of Violation of Lease Terms — Opportunity to Cure," by both regular and certified mail at the "c/o Charles Fine, Esq." address. There was a return receipt signed by a representative of Fine's office. The letter quoted the aforementioned paragraph 17 of the lease dealing with default of tenant, as well as paragraphs 45 (general obligation of tenant to keep demised premises in good repair), 54 (requiring constant manning of each booth for the lot) and 58 (damages to booths and arms), among other paragraphs. Tenant allegedly violated these provisions. An inspection of the lot was said to have revealed the existence of potholes, an unrepaired guardhouse, and unrepaired electrical arms. Also cited was a failure to constantly man all booths. The letter demanded that these lease violations be cured within five days, or landlord would avail itself of the three-day notice of termination procedure and proceed with any required summary dispossess action.

Another letter, dated June 10, 1988, was sent by Ivy Hill to GNB in the same manner and to the same address as the one 

[236 N.J. Super. 569]

dated May 25 entitled "Notice to Quit, Termination of Tenancy and Demand for Possession." Its significant language read:
Further to our letter of May 25, 1988 a recent inspection of the parking lots shows that you have ignored our notice of violations of your lease and have failed to cure the defects itemized in that correspondence.As a result, we have no option but to hereby notify you that you are to quit and peaceably surrender possession of the parking lots, on, or before,JUNE 30, 1988at which time your tenancy is hereby terminated.

Bonnie Wittie, daughter of GNB's president and manager of the lots testified that two large potholes, depicted in photographs, were recurring and were only filled in every six months. She admitted that there were times when she arrived at the complex and observed unmanned booths; and that, even now, there is one gate arm down and not functioning. Clearly, GNB violated covenants in the lease, particularly the one requiring it to keep the premises in good repair.

The most critical issue in the case is whether Ivy Hill's notice to quit and terminate the tenancy of June 10, 1988 was invalid due to lack of specificity. The answer hinges on whether such notice, if otherwise lacking in specificity, may incorporate by reference a prior notice or other document containing the requisite information.

The applicable statutory section for removal of commercial tenants is N.J.S.A. 2A:18-53 (dealing with removal of all but those residential tenants governed by N.J.S.A. 2A:18-61.1). This case involves a removal pursuant to section (c) of this statute, permitting eviction:

[236 N.J. Super. 570]

Where such person [the tenant] ... (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within 3 days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years.

The verb "specify" in the context of this statute was defined by our Supreme Court in Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967):

The notice is required to "specify" the cause of the termination of the tenancy. "Specify" means to name in a specific or explicit manner; to state precisely or in detail, to point out, to particularize, or to designate by words one thing from another. [citations omitted]The notice served upon defendant here simply says the tenancy is terminated "for the reason that you have committed a breach of that covenant in your lease providing that the store premises aforesaid are `to be used and occupied only for the retail sale of food and allied products.'" Such notice does not satisfy the mandate of the statute. It merely states a legal conclusion.... [O]f more crucial significance in appraising the sufficiency of the notice is the failure to specify the nature of the alleged breach. It contains no particularization, no explicit or detailed statement as to the action or conduct of defendant which allegedly constituted such a violation of the use covenant as warranted a demand for a judgment for possession. The shortcoming is especially momentous because, as it later appeared by stipulation in the suit, the sale of bus tickets, whether it was de minimis or substantial, had been going on for six years before the notice was served. The sufficiency of the notice as a jurisdictional prerequisite must be judged within its four corners. [at 124-125]

Obviously, the purpose of the specificity requirement in N.J.S.A. 2A:18-53(c) is not that of aiding the tenant in changing his conduct, since no notice to cease is required. The obvious reason is to permit the tenant to adequately prepare a defense, since the tenant may contest an alleged breach of a covenant or may raise equitable defenses. Because an action to evict the tenant is normally a summary proceeding devoid of discovery, specification of the cause of termination is a means of adequately advising the tenant of the allegations against which it must defend. The notification given to GNB clearly fulfilled this objective. While the June 10 notice, in and of itself, did not specify how tenant breached lease covenants, it referred to and incorporated the May 25 letter, which detailed both the lease provisions violated and the conduct which breached those covenants.

[236 N.J. Super. 571]

The first letter notifying GNB of the alleged breaches and giving it an opportunity to remedy them afforded tenant an opportunity which owner was not even required to furnish under N.J.S.A. 2A:18-53(c). The combination of the two letters more than amply sets forth for GNB both the conduct and lease provisions in question (thus enabling it to defend any ensuing litigation). The letters were sent only 16 days apart; the earlier letter should have been fresh in the minds of the appropriate individuals of GNB. Indeed, the time sequence between the letters was so close that the second letter should have highlighted and emphasized the first. Elementary logic compels the conclusion that a notice to quit the premises and terminate the tenancy, lacking specificity standing alone, will properly meet the requirement of N.J.S.A. 2A:18-53 that it specify the cause of termination of the tenancy if it incorporates or otherwise refers to a recent document furnished to the tenant which does specify the cause.

The breaches of lease covenants found by this court are not minimal, but substantial in nature. The existence of potholes represent an obvious danger to persons and property subjected to them. Failure to constantly man all booths for the lots, to repair broken mechanical gates or arms and to replace a destroyed booth all impaired overall security for both the lots and the apartments they serve by facilitating the presence of unwelcome persons. Breaches which plainly decreased safety factors about the parking area and the apartments cannot be considered minor.

A final issue raised by GNB is the manner of service of the notices. Service by certified mail on "Charles Fine, Esq." concededly is not the sort of personal service required by N.J.S.A. 2A:18-53. Nevertheless, service was proper. The lease itself permitted Ivy Hill to send notices and communications to tenant by certified mail at its business address. In the lease, GNB designated "c/o Charles Fine, Esq., 1501 Broadway, New York" as its principal office. Had GNB wished that 

[236 N.J. Super. 572]

notices be sent elsewhere, it could have given a different address than the one contained in the lease.

A lease may provide for a different manner and time period of service than contemplated by N.J.S.A.2A:18-53(c). Pennsylvania Railroad Co. v. L. Albert & Son, Inc., 26 N.J.Super. 508 (App.Div. 1953) addressed this statutory section:

To hold that the requirements as to length of notice and the method of service of such notice cannot be altered by agreement of the parties is to read into the statutory provisions language which is not there. Had the Legislature intended that parties to a lease could not vary either the length or method of service of a notice to terminate the tenancy, it could readily and expressly have so provided.... [at 513]

Interestingly, the parking lot lease in question gave more protection to GNB than N.J.S.A. 2A:18-53(c) mandated by providing for a five-day notice of termination, as opposed to the statutory three days. It further required the landlord to give GNB a five-day notice of breaches of covenants with an opportunity to correct them, a right not provided by statute. Tenant was even protected if it could not remedy a breach of covenant within the five days, the lease requiring tenant to have "diligently commenced" the cure, and thereafter exert "reasonable diligence" and "good faith" in a continued effort. Moreover, Ivy Hill's notice to terminate was sent 20 days prior to the date of termination, far in excess of the minimum notice period of three days set forth in the lease and the statute. GNB's complaint that the method of service is not in compliance with the statute thus lacks merit.

For the reasons stated, judgment for possession is granted to Ivy Hill.

NJ Court Rule Rule 6:4-1 (g) Transfer of Landlord/Tenant Actions.

• NJ Court Rule Rule 6:4-1 (g) Transfer of Landlord/Tenant Actions. A motion to transfer a summary action for the recovery of premises to the Law Division pursuant to N.J.S.A. 2A:18-60, shall be made by serving and filing the original of said motion with the Clerk of the Special Civil Part no later than the last court day prior to the date set for trial. The motion shall be returnable in the Special Civil Part on the trial date, or such date thereafter as the court may determine in its discretion or upon application by the respondent for more time to prepare a response to the motion. Upon the filing of the motion, the Special Civil Part shall take no further action pending disposition of the motion. If the motion is not resolved on the original trial date, the court may require security for payment of rent pending disposition of the motion. If the motion is granted, the Clerk shall transmit the record in accordance with R. 6:4-1(d). If the motion is denied, the court shall set the action expeditiously for summary hearing.

2A:18-60. Removal of proceedings into Law Division

2A:18-60.    Removal of proceedings into Law Division  
 At any time before an action for the removal of a tenant comes on for trial, either the landlord or person in possession may apply to the Superior Court, which may, if it deems it of sufficient importance, order the cause transferred from the Special Civil Part to the Law Division.  

11 U.S. Code § 547 - Preferences preferential transferes in a bankruptcy case

11 U.S. Code § 547 - Preferences

Current through Pub. L. 113-296, except 113-287, 113-291, 113-295. (See Public Laws for the current Congress.)

• US Code
• Notes

prev | next

(a) In this section—

(1) “inventory” means personal property leased or furnished, held for sale or lease, or to be furnished under a contract for service, raw materials, work in process, or materials used or consumed in a business, including farm products such as crops or livestock, held for sale or lease;

(2) “new value” means money or money’s worth in goods, services, or new credit, or release by a transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the debtor or the trustee under any applicable law, including proceeds of such property, but does not include an obligation substituted for an existing obligation;

(3) “receivable” means right to payment, whether or not such right has been earned by performance; and

(4) a debt for a tax is incurred on the day when such tax is last payable without penalty, including any extension.

(b) Except as provided in subsections (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property—

(1) to or for the benefit of a creditor;

(2) for or on account of an antecedent debt owed by the debtor before such transfer was made;

(3) made while the debtor was insolvent;

(4) made—

(A) on or within 90 days before the date of the filing of the petition; or

(B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and

(5) that enables such creditor to receive more than such creditor would receive if—

(A) the case were a case under chapter 7 of this title;

(B) the transfer had not been made; and

A preference in U.S. federal bankruptcy law^[7] is a transfer of property by a debtor to its creditor, on account of a pre-existing debt, that is made while the debtor is insolvent^[8] and gives the creditor more than it would obtain in a liquidation of the debtor's assets in a bankruptcyproceeding. It is primarily a creature of the U.S. Bankruptcy Code,^[9] although some states have similar state laws. If the preferential transaction takes place within a specified period of time before the filing of bankruptcy by or on behalf of the debtor, then the debtor's trustee in bankruptcy is authorized to recover the property preferentially transferred. The mechanism of recovery is the avoidance of the transfer.^[10] After such avoidance, the recovered property becomes property of the bankruptcy estate.^[11] The period is usually 90 days. However, if the preferential transfer is made to an "insider," then the period is one year. An "insider" is generally a relative or one who has the ability to control the activities of the debtor.^[12] The Bankruptcy Code provides some exemptions from these rules to accommodate transfers intended to be contemporaneous, made in the ordinary course of business or to the extent they are made for new value, and others.^[13]

All of the following examples assume that the requirements for a preference that are set out above exist at the time the transfer is made.

• Securing a previously unsecured debt.
• Substituting property of greater value as security for existing security property whose value is insufficient to completely secure repayment of the debt.
• Paying some but not all unsecured creditors.
• In a real estate transaction, delaying the recording of a mortgage for more than 30 days after the debt it secures is created.^[14]

KENNETH  VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave.,Edison, NJ 08817
(Phone) 732-572-0500 (Fax)    732-572-0030 website: www.njlaws.com

New restrictions on solicitation letters for traffic tickets -AMENDMENTS TO ATTORNEY ADVERTISING GUIDELINE 2

New restrictions on solicitation letters for traffic tickets -AMENDMENTS TO ATTORNEY ADVERTISING GUIDELINE 2

The New Jersey Supreme Court has approved the attached amendments to Attorney Advertising Guideline 2, on the recommendation of the Committee on Attorney Advertising, effective March 1, 2015. The Attorney Advertising Guidelines immediately follow the Rules of Professional Conduct (after the Part I rules) in the Rules of Court. 

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director

Dated: February 10, 2015

Attorney Advertising Guideline 2

(a) The word "ADVERTISEMENT" required by RPC 7.3(b)(5)(i) [,] at the top of the first page of text of a solicitation letter must be at least two font sizes larger than the largest size used in the advertising text in the body of the letter.

(b) The font size of notices required by RPC 7.3(b)(5)[(ii) and (iii)] (iii) and (iv) must be no smaller than the font size generally used in the advertisement.

(c) The word "ADVERTISEMENT" required by RPC 7.3(b)(5)(i) on the face of the outside of the envelope must be at least one font size larger than the largest font size used on the envelope. If any words on the outside of the envelope are in bold, the word "ADVERTISEMENT" must also be in bold. [Pursuant to Committee Opinion 20, if the envelope contains a message relating to the subject matter of the correspondence to be found inside, the attorney must ensure that the face of the envelope also includes the notices required by RPC 7.3(b)(5)(ii) and (iii).] The envelope shall contain no language other than the lawyer's name, firm, and address; the word "ADVERTISEMENT"; and the recipient's name and address.

Note: Adopted March 2, 2005 to be effective immediately; paragraphs (a) and (c) amended August 14, 2013 to be effective October 1, 2013; paragraphs (a), (b), and (c) amended February 10, 2015 to be effective March 1, 2015.

Read more: http://www.njlawjournal.com/id=1202719652736/Notice-ndash-Amendments-to-Attorney-Advertising-Guideline-2#ixzz3XJW5HrwE

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE 

Rule 1:43 ("Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7"), sets out the schedule of those filing fees and other fees payable to the court that were revised or established as authorized by N.J.S.A. 2B:1-7 (L. 2014, c. 31, § 12), effective November 17, 2014. A December 23, 2014 Notice to the Bar set out, in question and answer format, four specific clarifications as to certain of those fees; that notice also published a full schedule of all court fees. 

This Notice provides five additional clarifications, again in question and answer format. The four clarifications in the prior notice remain applicable. As with the previous notice, the intention in providing this information is to minimize the number of documents submitted with an incorrect fee requiring return and resubmission under Rule 1:5-6(c). 

This Notice also includes a further updated schedule of all court fees, including those not revised by Rule 1:43. This schedule of court fees supersedes the one published with the December 23, 2014 notice. 

The five additional clarifications are as follows:

Question 1: What is the fee for an Answer to a Cross-claim, Answer to a Counterclaim, or Answer to a Third-Party Complaint in the Superior Court?

Answer: Since these Answers are made in response to a new cause of action, there is a fee for filing the responsive pleading to those actions. The fee for each of these document types is $175.00. 

Question 2: What is the fee for an Order to Show Cause with a Verified Complaint?

Answer: The fee is $300.00. Of this, $250 is allocated to the Complaint and $50 is allocated to the Order to Show Cause. In cases, where the complaint has been filed, there is a $50 fee for filing an Order to Show Cause. 

Question 3: What is the fee to file a Warrant of Satisfaction?

Answer: The fee associated with a Warrant of Satisfaction depends upon whether there is a docketed judgment associated with the matter. The fee to file a Warrant of Satisfaction on a case without a docketed judgment is $35.00. The fee to file a Warrant of Satisfaction on a case that has a docketed judgment is $50.00.

Question 4: What is the appropriate fee for a counterclaim, cross claim, claim for contribution, or third party complaint?

Answer: Since these actions institute a new claim against one or more parties, for fee purposes they are treated similarly to complaints. The fee for counterclaims, cross claims, claims for contribution, or third party complaints is $250 if submitted as an independent, responsive pleading in Civil or in General Equity (including Foreclosure). When an answer has been filed and the filing party subsequently seeks to file a counterclaim, cross claim, claim for contribution, or third party complaint in Civil or in General Equity, the filing fee is an additional $75, which represents the differential between the already-paid answer fee of $175 and the initial pleading fee of $250. In Special Civil Part (Small Claims section only), the filing fee for a counterclaim is $30.

Question 5: Where do judgment creditors submit applications for wage executions?

Answer: For a docketed judgment filed on a Law Division Civil Part, Chancery Division Family Part, or Chancery Division General Equity matter, the wage application is to be submitted to the vicinage. For a docketed judgment filed on a Special Civil Part matter, the wage application is to be submitted to the Judgment Processing Services Unit of the Superior Court Clerk's Office.

For questions or concerns regarding this notice, please contact Michelle M. Smith, Clerk of the Superior Court, by telephone at 609-421-6100 or by email at michelle.smith@judiciary.state.nj.us.

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: February 20, 2015

New Jersey Court Filing Fees

(Schedule Updated as of February 20, 2015)

All Courts

Affixing the seal of the court to any document (N.J.S.A. 22A:2-20; Rule 1:43)$10.00

Certified Copy (N.J.S.A. 22A:2-19; Rule 1:43)$15.00

Copies, Letter Size, per page (N.J.S.A. 47:1A-5(b))$0.05

Copies, Legal Size, per page (N.J.S.A. 47:1A-5(b))$0.07

Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$50.00

Triple Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$60.00

Non-Party Notice of Appearance (N.J.S.A. 22A:2-37.1; Rule 1:43)

Civil Part and Superior Court Clerk's Office$50.00

Special Civil Part$30.00

Family- Dissolution and Non-Dissolution (effective 1/16/15) $50.00

Notice of Appeal (Trial Court Copy) (N.J.S.A. 22A:2-20; Rule 1:43)$10.00

Signing and Issuing Subpoena (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Subpoena with Seal of the Court (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$60.00

Recording Instruments not otherwise provided for (N.J.S.A. 22A:2-7; Rule 1:43)$35.00

Substitutions of Attorney

Civil Part and Superior Court Clerk's Office$35.00

Special Civil Part (effective 1/16/15)$35.00

Family- Dissolution and Non-Dissolution (effective 1/16/15) $35.00

Filing by a State of New Jersey Agency (N.J.S.A. 22A:2-22)No Fee

Supreme Court 

Notice of appeal, notice of cross-appeal, notice of petition for certification, notice $250.00

of cross-petition for certification, notice of petition 

for review (N.J.S.A. 22A:2-1; Rule 1:43)

First paper in any motion, petition or application (including an order) not $50.00

in a pending cause or after judgment is entered (N.J.S.A. 22A:2-1; Rule 1:43)

Deposit for costs (Rule 2:12-5; Rule 2:5-2)$300.00

Superior Court, Appellate Division

Notice of appeal, notice of cross-appeal$250.00

(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)

First paper in any motion, petition or application (including an order) not $50.00

in a pending cause or after judgment is entered 

(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)

Deposit for costs (Rule 2:5-2)$300.00

Superior Court, Clerk's Office

Recording Money Judgment as a Lien in the Civil Judgment and $35.00

Order Docket (N.J.S.A. 22A:2-7; Rule 1:43)

Recording of Foreign Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00

Satisfaction of Judgment or other lien (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Recording assignment, subordination, cancellation, postponement, or $35.00

release of judgment (N.J.S.A. 22A:2-7; Rule 1:43)

Judgment by Confession (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Transcript of Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00

Issuing or recording executions (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Issuing or recording any other documents (N.J.S.A. 22A:2-7; Rule 1:43)$35.00

Recognizance of civil bail (N.J.S.A. 22A:2-7)$5.00

Filing all papers related to civil bail (N.J.S.A. 22A:2-7; Rule 1:43)$30.00

Certificate by the Clerk with Seal of Court (N.J.S.A. 22A:2-20; Rule 1:43)$10.00

Document with Certification (N.J.S.A. 22A:2-19; Rule 1:43)$15.00

Certified Document with Seal of Court (N.J.S.A. 22A:2-19; Rule 1:43)$25.00

Superior Court, Probation Division

Probation Out-of-State Supervision Monthly Fee (Rule 1:43)$25.00

Superior Court, Chancery Division, Family Part

Complaint (first paper) in divorce actions or actions for dissolution $300.00

of a civil union or domestic partnership (N.J.S.A. 22A:2-12; Rule 1:43)

Parent Education Registration (N.J.S.A. 2A:34-12.2)$25.00

First Responsive Pleading (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$175.00

Motion (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00

Order to Show Cause (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00

Motion or Order to Show Cause (Non-Dissolution)No Fee

Post-disposition Application (Non-Dissolution) (Rule 1:43)$25.00

Writ of Execution (N.J.S.A. 22A:2-7)$5.00

Warrant of Satisfaction (N.J.S.A. 22A:2-7)$5.00

Application for Child Support Services (45 CFR 303.2 and N.J.A.C. 10:110-7.1)$6.00

Superior Court, Chancery Division, General Equity

Complaint (first paper) in all actions and $250.00

proceedings (N.J.S.A. 22A:2-12 and -13; Rule 1:43)

Receivership and partition (N.J.S.A. 22A:2-12; Rule 1:43)$250.00

Answer, Notice of Appearance (first paper) (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$175.00

Cross Claim, Counterclaim, or Third Party Complaint (Rule 1:43)$75.00

Amended Answer Containing New Relief (Rule 1:43)$75.00

Motion (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00

Order to Show Cause (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00

Writ (Rule 1:43)$50.00

Assignment (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$35.00

Warrant of Satisfaction (N.J.S.A. 22A:2-20; Rule 1:43)$50.00

Clerk's Certificate of Master's Appointment (N.J.S.A. 22A:2-20; Rule 1:43)$5.00

All other papers and services (minimum) (N.J.S.A. 22A:2-20; Rule 1:43)$35.00

Superior Court, Law Division, Criminal Part

Expungement Application (N.J.S.A. 2C:52-29; 2-25; Rule 1:43)$75.00

Permit to Carry Handgun (N.J.S.A. 2C:58-4; Rule 1:43)$50.00

Municipal Court Appeal (N.J.S.A. 22A: 2-27; Rule 1:43)$100.00

Appeal of denial of permit to purchase handgun or$50.00 

firearms purchaser ID Card (Rule 1:43)

Pretrial Intervention (PTI) Application (N.J.S.A. 2C:43-12g and -13)$75.00

Conditional Discharge (CD) Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00

Conditional Dismissal Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00

Bail, Application to Post or Discharge (N.J.S.A. 22A: 2-29; Rule 1:43)$50.00

Superior Court, Law Division, Civil Part

Complaint (first paper by plaintiff), including in Multicounty$250.00

litigation (N.J.S.A. 22A:2-6; Rule 1:43)

Complaint Contesting Election (N.J.S.A. 19:29-2; Rule 1:43)$250.00

Appeal to Law Division (Civil Part) from Inferior Court or $250.00

Tribunal (N.J.S.A. 22A:2-27; Rule 1:43) 

Answer or First paper of any person other than the plaintiff, $175.00

Motion (first paper), including in Multicounty 

Litigation (N.J.S.A. 22A:2-6; Rule 1:43)

Cross Claim, Counterclaim, Claim of Contribution or Third Party $75.00

Complaint (N.J.S.A. 22A:2-6; Rule 1:43)

Amended Answer or Amended Complaint Containing New Relief (Rule 1:43)$75.00

Transfer Case from Superior Court (Civil Part only) to Special Civil Part (Rule 6:4-1(f)$15.00

Motion, including in Multicounty litigation (N.J.S.A. 22A:2-6; Rule 1:43)$50.00

Petition in a Pending Action (Rule 1:43)$50.00

Order to Show Cause (N.J.S.A. 22A:2-6; Rule 1:43)$50.00

First paper in any motion, petition or application not in a pending action $50.00

or proceeding or if made after dismissal or 

judgment entered (N.J.S.A. 22A:2-7; Rule 1:43)

Petition for Discovery not in a Pending Action (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Withdrawal of money deposited in court (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Security Deposit for Cost (per Defendant or as Order Reads) $200.00

Judgment on bond and warrant (in lieu of the fee required by Section 22A:2-6)$15.00

Restoration fee for failure to make discovery (Rule 4:23-5)

Within 30 days of entry of order of dismissal$100.00

Beyond 30 days of entry of order of dismissal$300.00

Notice of Application for Wage Execution (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Writ (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Assignment of Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$35.00

Warrant to Satisfy Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$50.00

Warrant for Arrest (N.J.S.A. 22A:2-7; Rule 1:43)$35.00

Trial De Novo (N.J.S.A. 2A:23A-27; Rule 4:21A-6(c))$200.00

Superior Court, Law Division, Special Civil Part

Complaint, small claim (N.J.S.A. 22A:2-37.1; Rule 1:43)

One defendant$35.00

Each additional defendant$5.00

Counterclaim, small claim (Rule 1:43)$30.00

Complaint, tenancy (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)

One defendant$50.00

Each additional defendant$5.00

Complaint/initial pleading containing counterclaim, cross-claim or 

third-party complaint in DC actions: (N.J.S.A. 22A:2-37.1; Rule 1:43)

-Where the amount exceeds the small claims monetary limit

One defendant$75.00

Each additional defendant$5.00

-Where the amount does not exceed the small claims monetary limit

One defendant$50.00

Each additional defendant$5.00

Appearance or answer to DC complaint or third party $30.00

complaint (N.J.S.A. 22A:2-37.1; Rule 1:43)

Service of process, summons by mail (N.J.S.A. 22A:2-37.1)

Each defendant$7.00

At place of business or employment with postal instructions to deliver to $7.00

addressee only, additional fee 

Reservice of summons by mail, Each defendant(N.J.S.A. 22A:2-37.1)$7.00

Reservice of summons or other original process by 

court officer (plus mileage) (N.J.S.A. 22A:2-37.1)

One defendant$3.00

Each additional defendant$5.00

Substituted service of process on NJ Motor Vehicle Commission(N.J.S.A. 22A:2-37.1)$10.00

Plus postage$7.00

Warrant of removal (plus mileage) (N.J.S.A. 22A:2-37.1, Rule 1:43)$35.00

Warrant for arrest, commitment or writ of capias ad respondendum, $35.00

each defendant (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)

Wage execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00

Writ of execution or an order in the nature of $35.00

execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)

Wage execution by mail to a federal agency, additional fee (N.J.S.A. 22A:2-37.2)$7.00

Writ of replevin or attachment issued subsequent to $35.00

summons (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)

Writ of attachment and making inventory $35.00

(plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)

Writ of possession (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00

Writ and summons in replevin, taking bond and any $35.00

inventory (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43) 

Each additional defendant$5.00

Serving order for possession in replevin (N.J.S.A. 22A:2-37.1)$4.00

Advertising property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00

Selling property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00

On every dollar collected on execution, writ of attachment, or any order $0.10

(commission to the Court Officer -- not paid to the court)

Jury of six persons (DC or Small Claim) (N.J.S.A. 22A:2-37.1; Rule 1:43)$100.00

Motion or Order to Show Cause (DC) (N.J.S.A. 22A:2-37.1; Rule 1:43)$25.00

Exemplified copy of judgment (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00

Restoration fee for failure to make discovery (Rule 6:4-6)

Within 30 days of entry of order of dismissal$25.00

Beyond 30 days of entry of order of dismissal$75.00

Assignment of judgment (not an allowable taxed cost) (Rule 1:43)$35.00

Warrant to Satisfy with docketed judgment (not an allowable taxed cost) (Rule 1:43)$50.00

Warrant to Satisfy without docketed judgment (not an allowable taxed cost) (Rule 1:43)$35.00

Tax Court

Non-Small Claims/Regular Local Property and State Taxes

Complaint for one parcel/condo or one state tax type$250.00

(N.J.S.A. 22A:5-1(a); Rule 8:12; Rule 1:43) 

Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$250.00

Each additional parcel/condo or state tax type for complaint (Rule 8:12; Rule 1:43)$50.00

Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43)$50.00

Small Claims Local Property and State Taxes

Complaint for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00

Complaint, where the sole issue is eligibility for homestead credit, No Fee

rebate or refund, or for a senior citizen's or veteran's

exemption or deduction (Rule 8:12)

Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00

Each additional parcel/condo or state tax for complaint (Rule 8:12; Rule 1:43)$10.00

Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43) $10.00

Motion -- Local Property and State Taxes

Motion for non-small claims (Rule 8:12; Rule 1:43)$50.00

Motion for small claims No Fee