reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-6 - Setting aside fraudulent judgment on motion of judgment creditor

2A:16-6. Setting aside fraudulent judgment on motion of judgment creditor
A judgment entered in any action in any court by confession or otherwise which was confessed or obtained for the purpose of defrauding the creditors of the defendant, may be set aside by proceedings in the action taken by any judgment creditor of the defendant as though the judgment creditor were a party to the action.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-7 - Judgment for conveyance of land; effect.

2A:16-7 Judgment for conveyance of land; effect.
2A:16-7. When a judgment of the Superior Court is entered for a conveyance, release, or acquittance of real estate or an interest therein, and the party against whom the judgment is entered has failed to comply by the time specified in the judgment, or within 15 days after entry of the judgment if no time is specified therein, the judgment shall have the same operation and effect in all courts as if the conveyance, release, or acquittance had been executed in conformance with the judgment, notwithstanding any disability of the party because of not having reached the age of majority pursuant to section 3 of P.L.1972, c.81 (C.9:17B-3), mental incapacity, or otherwise.
amended 2013, c.103, s.5.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-8 - Offset against judgment of taxes, etc., due municipality

2A:16-8. Offset against judgment of taxes, etc., due municipality
Whenever any judgment is recovered in an action in any court of competent jurisdiction in this state, against any municipality by any person who is, at the time of the recovery of the judgment, indebted to such municipality upon any indebtedness of a public nature, including taxes, assessments or water rates which constitute an indebtedness, or who shall become so indebted before the satisfaction of the judgment, such municipality may apply to the court in the action for an order to reduce or extinguish the judgment, and any execution issued thereon, by offsetting and crediting against the same any such indebtedness.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-9 - Warrant of attorney to confess judgment not revocable; ineffectual if found in instrument

2A:16-9. Warrant of attorney to confess judgment not revocable; ineffectual if found in instrument
A warrant of attorney to confess judgment shall not be revocable by the party making it. No judgment by confession shall be entered upon a warrant of attorney which is included in the body of a bond, note or any instrument for the payment of money.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-9.1 - Business financing not extended to concern containing a judgment by confession.

2A:16-9.1 Business financing not extended to concern containing a judgment by confession.
1. a. (1) No provider of business financing shall extend business financing to a concern in this State that contains a judgment by confession.
(2) No judgment shall be entered on warrant of attorney in any action on a bond or other instrument for the payment of money, except on motion after notice to the defendant served in lieu of summons in accordance with applicable court rules or by registered or certified mail.
b. A provision of any contract for business financing that provides for a judgment by confession that does not meet the requirements of subsection a. of this section shall be invalid and unenforceable against any concern.
c. As used in this section:
"Business financing" means a loan, line of credit, cash advance, factoring or asset-based transaction made for a business purpose.
"Concern" means any trade, business or professional entity conducted for profit, and includes, but is not limited to, individuals, partnerships, corporations, joint ventures, associations and cooperatives.
"Judgment by confession" means a written agreement that accepts liability and specifies damages in cases in which a concern is in violation of a business financing agreement.
L.2019, c.430, s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-9.2 - Violations, civil action.

2A:16-9.2 Violations, civil action.
2. a. The Attorney General shall investigate violations of this act. If the Attorney General finds that a person has violated or is violating this act, the Attorney General may bring a civil action in State or federal court against the person. The Superior Court shall have jurisdiction over a State action brought pursuant to this act.
b. Any person who violates this act shall be liable for a penalty of not more than $5,000 for the first violation, $10,000 for the second violation and $15,000 for each subsequent violation. The court shall also award court costs and reasonable attorneys' fees to the Attorney General.
L.2019, c.430, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-11 - Civil judgment and order docket

2A:16-11. Civil judgment and order docket
2A:16-11. The Clerk of the Superior Court shall keep a book known as a civil judgment and order docket in which shall be entered an abstract of each judgment or order for the payment of money, submitted for entry, including a judgment or order to pay counsel fees and other fees or costs, entered from, or made in, the Superior Court. A judgment of the Special Civil Part of the Law Division shall not be entered unless it is docketed in the manner specifically provided for Special Civil Part judgments. A judgment or order for the payment of money is one which has been reduced to a fixed dollar amount. Any judgment for periodic payments where a total amount has not been fixed shall not be considered as having been reduced to a fixed dollar amount unless a judgment fixing arrearages has been entered.
The entry required by this section shall constitute the record of the judgment, order or decree and a transcript thereof duly certified by the clerk of the court shall be a plenary evidence of such judgment, order or decree.
The clerk shall also make an entry upon the civil judgment and order docket indicating the nature of every judgment or order and an entry on return showing execution of process and the date when such judgment or order was entered.
L.1951 (1st SS), c.344; amended 1981,c.388,ss.2,5(amended 1982,c.65,s.3); 1982,c.65,s.1; 1983,c.299; 1991,c.91,s.35; 1994,c.81,s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-11.1 - Issuance of certificate of debt; definitions.

2A:16-11.1 Issuance of certificate of debt; definitions.
1. a. In addition to any other remedy provided by law, where a debt is owed to a State department or agency, and the person who owes the debt has failed to comply within 30 days after service of any notice, demand or order directing payment of any amount found to be due, the Department of the Treasury, on behalf of the department or agency, may issue a certificate of debt to the Clerk of the Superior Court stating that the person identified in the certificate of debt is indebted to the State in such amount as shall be stated in the certificate of debt.
b. The certificate of debt shall reference the statute, regulation or other legal authority under which the indebtedness arises. Thereupon the clerk to whom such certificate of debt shall have been issued shall immediately enter upon the record of docketed judgments the name of such person or entity as debtor; the State as creditor; the address of such person or entity, if shown in the certificate of debt; a reference to the statute, regulation or other legal authority under which the debt arises; and the date of making such entries.
c. The docketing of the certificate of debt shall have the same force and effect as a civil judgment docketed in the Superior Court subject to the procedures for appeal as set forth in section 4 of P.L. 2005, c. 124 (C.52:18-38). The docketing of the certificate of debt shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court.
d. As used in this section, in sections 2, 3, 4, 5, 6, and 8 of P.L.2005, c.124 (C.52:18-36, C.52:18-37, C.52:18-38, C.52:14F-22, C.52:18-39 and C.52:14F-23), and in sections 3 and 4 of P.L.2008, c.24 (C.52:18-40 and C.52:18-41):
"Debt" means a fee, fine, cost, penalty or assessment that has been due and owing a State department or agency for 90 days or more. "Debt" does not include inter-agency debts and debts associated with loans, notes, grants, and contracts.
e. As used in this amendatory and supplementary act, "State department or agency" does not include an independent authority or instrumentality that is independent of the operational and budgetary control of the department to which it is allocated.
L.2005, c.124, s.1; amended 2008, c.24. s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-12 - Recording of judgments, orders and proceedings

2A:16-12. Recording of judgments, orders and proceedings
The clerk of the superior court shall record every judgment and appealable order and in actions in which any writ or other proceeding shall require the removal of the record of any judgment to any other court, or other circumstances render it necessary, the clerk shall record also the proceedings in the action in full, by entering the warrants of attorney, process and return, pleadings, proceedings and judgment, so as to make a complete record thereof, which entry shall constitute the record.
In each such case, the clerk shall enter on the civil docket and, when the judgment is recorded therein, on the civil judgment and order docket, the date and place where the judgment is recorded in full as provided by this section.
The photographing and placing in suitable secured binders of photostats, or the microphotographing and development of the microfilm reel, or the placing of carbon copies in suitable secured binders, of any pleading, judgment, order or any instrument filed with the clerk of the court, with a suitable index thereto, shall constitute a recording as required by this section.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-13 - Judgments by confession

2A:16-13. Judgments by confession
The clerk shall record by similar entry in the civil judgment and order docket all judgments by confession entered in his office and shall record in the manner provided in section 2A:16-12 of this title, all documents filed or lodged with him to be recorded in his office in connection with the entry of any such judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-15 - Assignments of, postponement of lien of or warrant to satisfy judgments; recording; entry of satisfaction

2A:16-15. Assignments of, postponement of lien of or warrant to satisfy judgments; recording; entry of satisfaction
The clerk shall enter upon the civil judgment and order docket, if the judgment is entered therein, and otherwise in the civil docket, a notation of the filing or lodging with him for record of any assignment of, postponement of the lien of, or warrant to satisfy, any judgment, indicating when and where the same is recorded or filed, at a discernible place on or at the entry of such judgment in said docket and shall cause all such assignments of judgments and all postponements or warrants to satisfy judgments to be recorded in the manner provided by section 2A:16-12 of this title.
Judgments shall be satisfied of record as required by law but the entry of satisfaction may be made at any discernible place on or at the entry of such judgment on the civil judgment and order docket and upon any other record of such judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-16 - Indices

2A:16-16. Indices
The clerk shall keep and maintain suitable indices in alphabetical order of the civil judgment and order docket and the record of all judgments, assignments of judgments, postponement of the lien of judgments, or warrants to satisfy judgments, in such form as shall be prescribed by the administrative director with the approval of the chief justice.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-17 - Notation of filing or lodging for record

2A:16-17. Notation of filing or lodging for record
The entry upon the civil judgment and order docket of a notation of the filing or lodging for record of any instrument required so to be entered by this article shall be a sufficient compliance with any provision of law requiring notations thereof on the margin or at the foot or in any other location on any book or record thereof.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-18 - Judgments or orders for payment of money; operation and effect

2A:16-18. Judgments or orders for payment of money; operation and effect
Every judgment, or order for the payment of money, entered in the Superior Court, Chancery Division, from the time of its entry upon the civil judgment and order docket, and every decree or order for the payment of money, of the former court of chancery, from the time it was signed, shall have the force, operation and effect of a judgment of the Superior Court, Law Division, and execution may issue thereon as in other cases.
L.1951 (1st SS), c.344; amended by L.1981, c. 388, s. 3, eff. July 1, 1982; L.1982, c. 65, s. 2, eff. July 12, 1982.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-28 - Statement and affidavit

2A:16-28. Statement and affidavit
The statements provided for by section 2A:16-27 and section 2A:16-29 of this title shall be certified by the surrogate and shall contain the names of the parties to the judgment or order (designating particularly those against whom it was rendered), the time when it was signed, the amount of the money therein ordered to be paid or allowances made, the fine imposed and costs, with an affidavit annexed thereto stating the amount due on the judgment or order at the time of the filing of the statement. The affidavit shall be sworn to by the filing party or his attorney.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-29 - Liens and priorities of judgments or orders on filing statement in superior court clerk's office

2A:16-29. Liens and priorities of judgments or orders on filing statement in superior court clerk's office
Upon the filing by a party in interest with the clerk of the superior court of a statement thereof and affidavit in the form provided in section 2A:16-28 of this title, judgments or orders referred to in section 2A:16-27 of this title shall have the same liens and priorities as judgments of the superior court, and like executions may issue thereon. The clerk shall forthwith record the statement and affidavit in a proper public record book kept and indexed by him for that purpose.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-32 - Remedy against principal or surety

2A:16-32. Remedy against principal or surety
Nothing in this article shall be construed to affect any remedy against, or to make liable or release, any principal or surety on a bond heretofore or hereafter made or given.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-33 - Judgment; effect on real estate

2A:16-33. Judgment; effect on real estate
2A:16-33. Where an appeal is taken from a municipal court in a civil action to the Superior Court, the judgment of the court on appeal shall not be binding on real estate unless an order is or has been entered in the minutes of the Superior Court directing the judgment to be recorded. From the time of the entry of the order, the judgment binds and shall bind all real estate of the judgment debtor in the State.
Such order may be entered at any time without notice. When entered, the judgment shall be recorded and indexed as other judgments of the court.
L.1951 (1st SS), c.344; amended 1991,c.91,s.36.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-36 - Effect of docketing in superior court

2A:16-36. Effect of docketing in superior court
A judgment duly docketed in the superior court shall, from the time it is docketed, operate as a judgment obtained in the superior court.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-41 - Requisites of assignment to entitle it to record

2A:16-41. Requisites of assignment to entitle it to record
An assignment of a judgment, to be entitled to record, shall be in writing, and acknowledged or proved as conveyances of real estate are required to be acknowledged or proved for the purposes of recording.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-42 - Record of assignment as notice

2A:16-42. Record of assignment as notice
The record of an assignment of a judgment shall, from the time the assignment is left for record, be notice to all persons concerned that such judgment is so assigned, except that a sheriff or other officer having in his hands an execution delivered to him by a person who at the time of the delivery was the owner of the judgment, shall not be liable to an assignee of the judgment unless the officer has notice of such assignment or fails to return such execution at the time when it is returnable.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-44 - Postponement of lien of judgment

2A:16-44. Postponement of lien of judgment
2A:16-44. All postponements of the lien of judgments appearing of record in the office of the clerk of the Superior Court shall contain a full description of the property as to which the judgment lien is proposed to be postponed, together with the book and page of the record of the judgment to be postponed.
L.1951 (1st SS), c.344; amended 1991,c.91,s.37.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-45 - Court order of satisfaction; moneys paid into court in satisfaction

2A:16-45. Court order of satisfaction; moneys paid into court in satisfaction
When a judgment is satisfied or the court in which a judgment is rendered or finally docketed allows moneys to be paid into court in satisfaction of a judgment, the court may direct the clerk to enter satisfaction on the record. Any such payment into court shall not affect the right of any party to appeal or to apply for relief from the judgment or for a new trial.
When moneys are paid into court in satisfaction of a judgment or order, any interest in the judgment or order, or claim thereon, including the lien for costs and compensation, if any, of the attorney for the party recovering the judgment or order, shall be transferred to the moneys paid into court.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-46 - Acknowledgment of satisfaction or warrant to satisfy required

2A:16-46. Acknowledgment of satisfaction or warrant to satisfy required
When a party in whose favor a judgment is entered or docketed, any assignee of record, anyone entitled to receive satisfaction, or the legal representative of a deceased party or a guardian, shall have received satisfaction thereof, he or his attorney shall either enter an acknowledgment of satisfaction on the record of the judgment, or shall deliver to the party making satisfaction or his representative, guardian or attorney or to the clerk of the court in which the judgment is entered or docketed, a warrant directing and authorizing the clerk to satisfy the same of record. Any such warrant shall set forth the book and page wherein the judgment is recorded or docketed.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-47 - Entry of satisfaction by clerk

2A:16-47. Entry of satisfaction by clerk
Upon the filing of the warrant, the clerk shall forthwith enter satisfaction on the record. All satisfactions entered in a county clerk's office shall be in the margin of the record of the judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-48 - Acknowledgement of satisfaction on record when execution is returned satisfied

2A:16-48. Acknowledgement of satisfaction on record when execution is returned satisfied
2A:16-48. When the sheriff or other officer returns, satisfied, execution issued on any judgment recovered or docketed in the Superior Court, Law Division, the clerk of the court issuing the execution shall enter "cancelled by execution returned, satisfied." Upon request the clerk shall tax the fee duly received by him as part of the execution fees.
L.1951 (1st SS), c.344; amended 1991,c.91,s.38.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-49 - Effect of entry of satisfaction on lien of attorney

2A:16-49. Effect of entry of satisfaction on lien of attorney
The provisions of this article as to the entry of satisfaction of a judgment shall not be deemed to deprive an attorney at law of a lien which he may have on the judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-49.1 - Application; hearing; order; cancellation and discharge; effect on lien; notice of application; set-off

2A:16-49.1. Application; hearing; order; cancellation and discharge; effect on lien; notice of application; set-off
At any time after 1 year has elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of Congress relating to bankruptcy, he may apply, upon proof of his discharge, to the court in which a judgment was rendered against him, or to the court of which it has become a judgment by docketing it, or filing a transcript thereof, for an order directing the judgment to be canceled and discharged of record. If it appears upon the hearing that he has been discharged from the payment of that judgment or the debt upon which such judgment was recovered, an order shall be made directing said judgment to be canceled and discharged of record; and thereupon the clerk of said court shall cancel and discharge the same by entering on the record or in the margin of the record of judgment, that the same is canceled and discharged by order of the court, giving the date of entry of the order of discharge. Where the judgment was a lien on real property owned by the bankrupt prior to the time he was adjudged a bankrupt, and not subject to be discharged or released under the provisions of the Bankruptcy Act, the lien thereof upon said real estate shall not be affected by said order and may be enforced, but in all other respects the judgment shall be of no force or validity, nor shall the same be a lien on real property acquired by him subsequent to his discharge in bankruptcy. Notice of the application, accompanied with copies of the papers upon which it is made, must be served upon the judgment creditor, or his attorney of record in said judgment, in the manner prescribed in R.R. 4:5-1, et cetera, of The Revision of The Rules Governing the Courts of the State of New Jersey (1953); provided, however, nothing herein contained shall prevent said judgment notwithstanding such discharge of record from being used as a set-off in any action in which it otherwise could be used.
L.1967, c. 151, s. 1, eff. July 10, 1967.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-51 - Construction and citation of article

2A:16-51. Construction and citation of article
This article is declared to be remedial. Its purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status and other legal relations. It shall be liberally construed and administered, and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws, rules and regulations on the subject of declaratory judgments. It may be cited as the uniform declaratory judgments law.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-52 - Declaration of rights, status and other legal relations

2A:16-52. Declaration of rights, status and other legal relations
All courts of record in this state shall, within their respective jurisdictions, have power to declare rights, status and other legal relations, whether or not further relief is or could be claimed; and no action or proceeding shall be open to objection on the ground that a declaratory judgment is demanded.
The enumeration in other sections of this article of the questions determinable and rights declarable in a proceeding brought under the provisions of this article does not limit or restrict the exercise of the general powers conferred by this section in a proceeding for declaratory relief, in which a judgment will terminate the controversy or remove an uncertainty.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-53 - Questions determinable and rights declarable

2A:16-53. Questions determinable and rights declarable
A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-55 - Declaration of rights or legal relations of interested parties in relation to estate, wills and other writings.

2A:16-55 Declaration of rights or legal relations of interested parties in relation to estate, wills and other writings.
2A:16-55. A person interested as or through an executor, administrator, trustee, guardian, receiver, assignee for the benefit of creditors, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, a minor, a person who is mentally incapacitated, a person who is insolvent, or other person, may have a declaration of rights or legal relations in respect thereto, to:
a. Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or
b. Direct the executor, administrator, trustee, guardian, receiver, assignee for the benefit of creditors, or other fiduciary to do or abstain from doing any particular act in his fiduciary capacity; or
c. Determine any question arising in the administration of the estate, trust, or guardianship, including the construction of wills and other writings.
amended 2013, c.103, s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-56 - Parties interested as parties to proceedings

2A:16-56. Parties interested as parties to proceedings
When declaratory relief is sought, all persons having or claiming any interest which would be affected by the declaration shall be made parties to the proceeding.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-58 - Determination of issues of fact

2A:16-58. Determination of issues of fact
When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are determined in other actions in the court in which the proceeding is pending.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-59 - Declaratory judgment; form and effect

2A:16-59. Declaratory judgment; form and effect
A declaratory judgment may be either affirmative or negative in form and effect, and shall have the force and effect of a final judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-60 - Further relief

2A:16-60. Further relief
Further relief based on a declaratory judgment may be granted whenever necessary or proper, by application to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-61 - Declaratory judgment refused

2A:16-61. Declaratory judgment refused
The court may refuse to render or enter a declaratory judgment, when, if rendered or entered, it would not terminate the uncertainty or controversy giving rise to the proceeding.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-65 - Provision of separate disclosure statement to payee, contents

2A:16-65. Provision of separate disclosure statement to payee, contents
3. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth:
a. the amounts and due dates of the structured settlement payments to be transferred;
b. the aggregate amount of the payments;
c. the discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities" and the amount of the applicable federal rate used in calculating the discounted present value;
d. the gross advance amount;
e. an itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any of those fees and disbursements;
f. the net advance amount;
g. the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
h. a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
L.2001,c.139,s.3.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-66 - Approval required for payment

2A:16-66. Approval required for payment
4. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by the court or responsible administrative authority that:
a. the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
b. the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the right to seek that advice in writing; and
c. the transfer does not contravene any applicable statute or the order of any court or other government authority.
L.2001,c.139,s.4.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-67 - Procedures following transfer

2A:16-67. Procedures following transfer
5. Following a transfer of structured settlement payment rights under this act:
a. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
b. The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(1) if the transfer contravenes the terms of the structured settlement, for any taxes incurred by those parties as a consequence of the transfer; and
(2) for any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by those parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this act;
c. Neither the annuity issuer nor the structured settlement obligor shall be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
d. Any further transfer of structured settlement payment rights by the payee shall be made in compliance with all of the requirements of this act.
L.2001,c.139,s.5.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-68 - Application for approval of transfer, procedure

2A:16-68. Application for approval of transfer, procedure
6. a. An application under this act to a court or responsible administrative authority for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the jurisdiction in which the payee resides, in the jurisdiction in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.
b. Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 4 of this act, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice:
(1) a copy of the transferee's application;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required under section 3 of this act;
(4) a listing of each of the payee's dependents, together with each dependent's age;
(5) notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(6) notification of the time and place of the hearing and notification of the manner in which, and the time by which, written responses to the application shall be filed, which shall be not less than 15 days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
L.2001,c.139,s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:16-69 - Provisions of act not waivable; controlling law; prohibitions

2A:16-69. Provisions of act not waivable; controlling law; prohibitions
7. a. The provisions of this act shall not be waived by any payee.
b. Any transfer agreement entered into on or after the effective date of this act by a payee who resides in this State shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this State. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
c. No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for: (1) periodically confirming the payee's survival; and (2) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
d. No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this act.
e. Nothing contained in this act shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to the effective date of this act is valid or invalid.
f. Compliance with the requirements set forth in section 3 of this act and fulfillment of the conditions set forth in section 4 of this act shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, non-compliance with those requirements or failure to fulfill those conditions.
L.2001,c.139,s.7.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-1 - Sequence of execution; against goods and chattels and real estate

2A:17-1. Sequence of execution; against goods and chattels and real estate
In every writ of execution which shall be issued against real estate, the sheriff or other officer to whom such writ may be directed shall be commanded that he cause to be made, of the goods and chattels in his county of the party against whom such execution issues, the debt, damages and costs or sums of money mentioned in such execution; and that, if sufficient goods and chattels of such party cannot be found in his county, he cause the whole or the residue, as the case may require, of such debt, damages and costs or sum of money to be made of the real estate whereof such party was seized on the day when such real estate became liable to such debt, damages and costs or sum of money, specifying the day particularly, or at any time afterwards, in the hands of any person then having the same.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-2 - Record of execution against real estate

2A:17-2. Record of execution against real estate
Every writ of execution which shall be sued forth against real estate shall, before its delivery to the sheriff or other officer, be recorded in a book to be kept for that purpose by the clerk of the court out of which the same was issued. Such record so made shall be as good evidence as the writ itself.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-4 - Several executions to different counties on judgment rendered or docketed in superior court

2A:17-4. Several executions to different counties on judgment rendered or docketed in superior court
Upon all judgments recovered or docketed in the superior court, executions may issue at the same time to any county.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-5 - One sale under executions issued out of superior court levied at same time; liability as trespasser

2A:17-5. One sale under executions issued out of superior court levied at same time; liability as trespasser
If under more than 1 execution issued to different counties pursuant to section 2A:17-4 of this title, property is under levy at the same time, no sale of the property of the person against whom such executions have issued shall be made under more than 1 of such executions, except to satisfy a deficiency remaining after a prior sale.
The court may, for good cause, stay the proceedings on any 1 or more of such executions, direct under which execution a sale shall be first made or order the proceeds of any sale to be paid into court.
If a sale shall be made contrary to the provisions of this section, the party at whose instance the executions have issued and his attorney shall be liable as trespassers to the adverse party for all damages he may sustain thereby.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-6 - Dispute as to application of proceeds of executions out of different courts

2A:17-6. Dispute as to application of proceeds of executions out of different courts
In a controversy between execution creditors as to the application of money realized from the sale of the property of a judgment debtor under executions issued out of different courts, the superior court shall in a summary action hear and decide the entire controversy.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-7 - Execution on judgment of Superior Court on appeal from municipal court

2A:17-7. Execution on judgment of Superior Court on appeal from municipal court
2A:17-7. Execution on a judgment of the Superior Court on appeal from a municipal court may issue immediately on the entry of the judgment.
L.1951 (1st SS), c.344; amended 1991,c.91,s.39.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-8 - No execution on judgment in action on judgment appealed from pending determination of appeal

2A:17-8. No execution on judgment in action on judgment appealed from pending determination of appeal
If a party against whom a judgment has been rendered appeals therefrom and the party in whose favor the judgment has been rendered brings an action on the judgment and recovers, execution shall not issue on the second judgment until the appeal from the first judgment has been determined.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-9 - Statement of money collected, etc., returned and filed with execution

2A:17-9. Statement of money collected, etc., returned and filed with execution
The sheriff or officer to whom an execution is delivered shall, when he returns the execution and without making a charge therefor, return and file therewith, in the office of the clerk of the court out of which the execution issued, a verified statement of the amount of money, if any and the time when collected, the balance, if any due on the execution and the items of his bill of costs or execution fees. The statement shall be conclusive only against the sheriff or officer making it, and, until returned and filed, no costs or fees on the execution shall be collectible from plaintiff in execution.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-10 - Time when execution effective

2A:17-10. Time when execution effective
No writ of execution shall bind the property or the goods of the person against whom such writ is sued forth, but from the time that such writ shall be delivered to the sheriff, under-sheriff, coroner or other officer, his deputy or agent, to be executed.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-11 - Indorsement on writs of year and day of receipt thereof by officer

2A:17-11. Indorsement on writs of year and day of receipt thereof by officer
In order to show the time when writs of execution against the goods only or against the goods and chattels and the real estate are delivered to the sheriff, under-sheriff, coroner or other officer, his deputy or agent, to be executed, such officer, his deputy or agent, shall, upon the receipt of any such writ, indorse thereon, without fee for so doing, the time, the day of the month and year when he received the same.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-12 - Priorities between executions against goods and chattels of same person issued on same day

2A:17-12. Priorities between executions against goods and chattels of same person issued on same day
If 2 or more writs of execution shall be delivered against the goods and chattels of the same person on the same day, the one first delivered shall be first executed and satisfied; provided, however, that if one of any such writs derives from a court order for suitable support and maintenance of a wife, child or children it shall be first executed and satisfied, notwithstanding the prior delivery on the same day of any other such writ of execution.
L.1951 (1st SS), c.344; amended by L.1969, c. 292, s. 1, eff. Jan. 15, 1970.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-13 - Priorities among executions against real estate of same person

2A:17-13. Priorities among executions against real estate of same person
Where several writs of execution shall be issued against the goods and chattels and real estate of the same person, and sufficient cannot be found to satisfy all the sums commanded to be made, the like priority and preference shall be given in such cases as is given by section 2A:17-12 of this title in writs of execution against the goods only, and all disputes respecting the same shall be adjudged and determined accordingly.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-14 - Title of purchaser of personalty prior to actual levy but after delivery of writ to officer

2A:17-14. Title of purchaser of personalty prior to actual levy but after delivery of writ to officer
The title of a purchaser who in good faith has purchased goods and chattels from an execution defendant and has paid for them prior to the actual levy of an execution thereon, without notice thereof, shall not be divested because the execution was delivered before the purchase was made.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-16 - Shares of stock

2A:17-16. Shares of stock
Shares of stock in any corporation, incorporated under authority of this state, another state, the United States or another country, belonging to an execution defendant, may be taken and sold by virtue of an execution in the same manner as goods and chattels, except that a levy upon such shares shall be made subject to the provisions of section 14:8-39 of the title Corporations, General, of the Revised Statutes.
L.1951 (1st SS), c.344.