reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-17 - Real estate liable to execution

2A:17-17. Real estate liable to execution
2A:17-17. All real estate shall be liable to be levied upon and sold by executions to be issued on judgments obtained in any court of record in this State, except the Superior Court, Law Division, Special Civil Part, for the payment and satisfaction of the debt, damages, sum of money and costs so recovered or to be recovered; but no real estate of any testator or intestate shall be sold or in anywise affected by any judgment or execution against executors or administrators. No judgment obtained for the payment and satisfaction of any employment wage tax, including penalties, shall be enforced pursuant to this section.
L.1951 (1st SS), c.344; amended 1981,c.548,s.1; 1991,c.91,s.40.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-18 - Proprietary rights and shares

2A:17-18. Proprietary rights and shares
All proprieties, rights, share and shares of propriety and rights to unlocated lands shall be liable to levy and sale under an execution issued on a judgment for the payment of debt, damages and costs or sum of money thereby recovered, as other real estate is liable to be levied upon and sold, but no such rights or shares shall be levied upon and sold except by execution issued out of the superior court.
If the rights or shares are within the western division, the writ shall be directed to the sheriff of Burlington county; if within the eastern division, to the sheriff of Middlesex county.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-19 - Amount; exceptions

2A:17-19. Amount; exceptions
Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in value, exclusive of wearing apparel, $1,000.00, and all wearing apparel, the property of a debtor shall be reserved, both before and after his death, for his use or that of his family or his estate, and shall not be liable to be seized or taken by virtue of any execution or civil process whatever, issued out of any court of this State.
Nothing herein contained shall be deemed or held to protect from sale under execution or other process any goods, chattels or property, for the purchase whereof the debt or demand for which the judgment on which such execution or process was issued, shall have been contracted, or to apply to process issued for the collection of taxes or assessments.
L.1951 (1st SS), c.344; amended by L.1973, c. 162, s. 1, eff. June 7, 1973.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-20 - Inventory of personal property subject to levy

2A:17-20. Inventory of personal property subject to levy
The sheriff or other officer having an execution or civil process against a defendant entitled to the exemption given by this article shall make a careful and particular inventory of the personal property of every kind and description of the defendant which shall be subject to levy.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-21 - Appraisers; appointment

2A:17-21. Appraisers; appointment
After making the levy and the inventory, the sheriff or other officer shall appoint in writing 3 discreet and judicious persons of his county, indifferent between the parties to the execution to make a just and true appraisement of the personal property levied on.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-22 - Oath of appraisers

2A:17-22. Oath of appraisers
The appraisers, before acting under their appointment, shall be severally sworn faithfully, honestly and impartially to appraise the property levied on, according to the true and intrinsic value thereof, without reference to what the same might be supposed to bring at a sale under the execution or process.
The oaths of the appraisers may be administered by the sheriff or other officer of the county or by any person authorized to administer oaths, and shall be indorsed on the appointment, and, with the appointment, shall be filed in the office of the county clerk of that county.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-23 - Appraisement made

2A:17-23. Appraisement made
The appraisers shall appoint a time and place where they will make their appraisement, and shall cause at least 5 days' notice in writing thereof to be given to the execution plaintiff or his attorney, at which time and place they shall, in the presence of the execution plaintiff or his attorney, if either see fit to attend, proceed with the appraisement, and set down in writing a particular account of the articles and things appraised, with their respective values annexed, and sign the same.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-24 - Procedure after valuation; selection by execution defendant; sale of residue

2A:17-24. Procedure after valuation; selection by execution defendant; sale of residue
If the value of the property as found by the appraisement does not exceed $500, the sheriff or other officer shall allow the same to remain in the possession of the execution defendant for the use of himself and family.
If the value exceeds $500, the execution defendant may select from the inventory articles to the amount of $500 to be reserved for the use of himself and his family, and shall annex to the inventory a written statement thereof, signed by himself. The residue of the property shall be sold by the sheriff or other officer under the execution or process in payment, or towards payment of such execution or process.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-25 - Inventory, appraisement and selection annexed to and returned with writ

2A:17-25. Inventory, appraisement and selection annexed to and returned with writ
The sheriff or other officer shall, in each case, annex his inventory and the account made by the appraisers, and the execution debtor's statement of his selection, if any, to the execution or process and shall return the execution or process to the court from which it issued.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-26 - Claim and set-off of exemption when executions issue to several counties

2A:17-26. Claim and set-off of exemption when executions issue to several counties
When several executions into different counties shall issue on the same judgment, the proceedings to set off the property under this article for the benefit of the family of the execution defendant shall be had in the county in which his family resides, and not in any other county, except for the deficiency of his personal property in the former county in order to make the amount reserved by law.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-27 - Selection of exemption by wife or family or appraisers

2A:17-27. Selection of exemption by wife or family or appraisers
If an execution defendant shall be absent from his place of residence when the appraisement by the appraisers is completed, and cannot readily be found, or refuses to make selection from the personal property inventoried and appraised as provided by this article, such selection may be made by the wife or family of such defendant, or by the appraisers, and the statement annexed to and returned with the execution shall be signed accordingly.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-28 - Selection of exemption on death of execution defendant

2A:17-28. Selection of exemption on death of execution defendant
If an execution defendant dies after execution issued, and a levy and sale of personal property be made thereafter, the exemption selection to be reserved for the use of his family shall be made by the person or persons entitled to make such selection by section 3A:8-7 of the title Administration of Estates--Decedents and Others. If the property reserved for the benefit of the family of the decedent shall be set off under the provisions of said section 3A:8-7, the property so set off shall also be the property exempted from sale under execution.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-28.1 - Holocaust reparations payments, exemption from claims, levy, execution, attachment.

2A:17-28.1 Holocaust reparations payments, exemption from claims, levy, execution, attachment.
1. Except for an income withholding order issued pursuant to the "New Jersey Child Support Program Improvement Act," P.L.1998, c.1 (C.2A:17-56.7a et al.), monetary reparations payments designated for or received by a Holocaust survivor of National Socialist (Nazi) persecution from any governmental source or victim assistance source shall be exempt from all claims of creditors and from levy, execution, attachment, or other legal process.
L.2015, c.124, s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-29 - Notice to levying officer; stay of sale; jury to try claim

2A:17-29. Notice to levying officer; stay of sale; jury to try claim
2A:17-29. When, by virtue of an execution issued out of any court of this State, goods or chattels are levied on or taken into possession by a sheriff or other authorized officer, and claim is made thereto by a person other than the execution defendant, by notice in writing delivered to the officer executing the writ, the officer shall immediately delay his sale thereunder for 10 days, to enable the claimant to institute an action to establish the claim in said court. The action shall proceed in a summary manner and shall be tried by jury, unless a jury be waived by the parties to the action.
L.1951 (1st SS), c.344; amended 1991,c.91,s.41.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-30 - Verdict of jury; effect

2A:17-30. Verdict of jury; effect
The sheriff or other officer, upon complying with the judgment entered in the summary action, shall be protected from any action for taking and seizing or delivering such property claimed to the claimant.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-31 - Disposal of property claimed according to judgment

2A:17-31. Disposal of property claimed according to judgment
If the property to which claim has been made is found to belong to the claimant, the sheriff shall proceed no further with the execution as to that property; but if found to belong to the same defendant he shall make disposal thereof as directed by the execution.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-32 - Indemnity to sheriff by creditor against demand of claimant

2A:17-32. Indemnity to sheriff by creditor against demand of claimant
If the execution creditor indemnifies the sheriff making the levy against the demand of the claimant, further proceedings in the claimant's action shall be suspended and the sale proceeded with as directed by the execution.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-33 - Advertisement of sale of goods and chattels; posting

2A:17-33. Advertisement of sale of goods and chattels; posting
No sale of goods or chattels shall be made by virtue of any execution without previous notice of the time and place of the intended sale, given by the officer making the levy, by advertisements, signed by the officer and posted at least 5 days before the time appointed for the sale in the office of the sheriff of the county or counties where the property is situate. The notice need not be posted at any other place.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-34 - Advertisement of sale of real estate to state amount of judgment or order and street numbers of real estate

2A:17-34. Advertisement of sale of real estate to state amount of judgment or order and street numbers of real estate
All advertisements for the sale of real estate by virtue of executions issued out of any court of this state shall state the approximate amount of the judgment or order sought to be satisfied by the sale. When practicable, the advertisements shall state the street numbers of the real estate to be sold.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-35 - Notice of time and place of sale of proprietary rights

2A:17-35. Notice of time and place of sale of proprietary rights
The sheriff making a sale under execution of the proprietary rights or shares mentioned in section 2A:17-18 of this title shall give notice, by advertisements, signed by himself, and put up in his office and by an advertisement in one of the newspapers published in this state, of the time and place of exposing such rights or shares to sale, at least 2 months before the time appointed for selling the same.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-36 - Adjournments of sale of real estate.

2A:17-36 Adjournments of sale of real estate.
2A:17-36. Adjournments of sale of real estate. Notwithstanding any other law or court rule to the contrary, a sheriff or other officer selling real estate by virtue of an execution may make five adjournments of the sale, two at the request of the lender , two at the request of the debtor, and one if both the lender and debtor agree to an adjournment, and no more, to any time, not exceeding 30 calendar days for each adjournment. However, a court of competent jurisdiction may, for cause, order further adjournments.
amended 1995, c.244, s.14; 2019, c.71, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-37 - Unauthorized adjournments; amercement of officer

2A:17-37. Unauthorized adjournments; amercement of officer
If a sale of real estate under process of execution shall be adjourned oftener or for a longer time than allowed by section 2A:17-36 of this title, without permission in writing, previously obtained of the party at whose instance the writ of execution was issued, the sheriff or other officer shall be liable to the amount of the debt, or damages and costs, or sum or sums of money mentioned in such writ, with interest, and for the recovery thereof may be amerced and proceeded against in the manner prescribed by law for neglect of duty in other cases on writs of execution.
If, however, the sheriff or other officer shall, after 2 adjournments as authorized by said section 2A:17-36, sell the real estate, and bring the whole amount of the proceeds of such sale, after deducting his lawful fees, into the court from which such execution issued, at any time before the entry of such amercement against him as aforesaid, such sheriff or other officer shall be exonerated from all liability to such amercement.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-38 - Statement of execution sales, disposition of revenues.

2A:17-38 Statement of execution sales, disposition of revenues.
2A:17-38. a. When a sheriff or other officer makes a sale by virtue of an execution or executions to the sheriff or officer directed, the sheriff or officer shall, within 30 days thereafter, make and file, with his bill of costs or execution fees, in the office of the clerk of the court out of which the execution or executions issued, a true statement and calculation, in order of time, of the execution or executions by virtue of which the sale was made, the amount or amounts due thereon, respectively, at the time of the sale, the time or times of sale and the amount of the sales.
b. (1) When calculating the amount due thereon, as described in subsection a. of this section, the sheriff or officer shall additionally collect $350 per sale to be utilized by the fund within the New Jersey Housing and Mortgage Finance Agency established in section 6 of P.L.2021, c.34 (C.55:14K-99).
(2) The revenues obtained from these increased amounts, after deduction of any actual administrative costs incurred by the sheriff or officer in carrying out the provisions of this subsection, shall be transmitted no later than the first day of each quarter by the sheriff or officer to the fund with an accounting of collections and foreclosure actions during the corresponding quarter.
c. The statement shall be certified under the hand of the officer making and filing it, and shall be conclusive against the officer only. If there be more sales than one, the statement shall be made and filed within 30 days after the final sale.
amended 2021, c.34, s.9.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-39 - Sale of real estate free of lien of judgments or recognizances on which executions not issued

2A:17-39. Sale of real estate free of lien of judgments or recognizances on which executions not issued
Whereas, other judgments, and recognizances, besides those, or some of those, by virtue whereof the sale aforesaid was made, might affect the real estate so sold, if no provision be made to remedy the same, and whereas, the persons who have not taken, or will not take out executions upon their judgments, or recognizances, ought not to hinder or prevent such as do take out executions from having the proper effect and fruits thereof, therefore, in any such case, the purchaser, his heirs and assigns, shall hold the lands, tenements, hereditaments, and real estate by him or her purchased as aforesaid, free and clear of all other judgments and recognizances, whatsoever, on or by virtue of which no execution has been taken out and executed on the real estate so purchased.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-40 - Deed to purchaser of real estate; recital of execution

2A:17-40. Deed to purchaser of real estate; recital of execution
A sheriff or other officer selling real estate by virtue of an execution to him directed, shall make to the purchaser thereof a deed of the real estate sold, which shall recite the execution by virtue of which the real estate therein described was sold.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-41 - Title of purchaser

2A:17-41. Title of purchaser
Said deed shall transfer to and vest in the purchaser as good and perfect an estate to the premises therein described as the execution debtor was seized of or entitled to at or before the judgment for the enforcement of which the execution issued, as fully to all intents and purposes as if the execution defendant had sold such real estate to such purchaser, and had received the consideration money and signed, sealed and delivered a deed for the same.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-42 - Variances between deed and execution or execution and judgment

2A:17-42. Variances between deed and execution or execution and judgment
The deed mentioned in section 2A:17-40 of this title, shall be good and valid and received in evidence as such, notwithstanding any variance between the recitals in such deed and the execution or executions by virtue of which the real estate was sold, and notwithstanding any variance between such execution or executions and the judgment or judgments upon which the execution or executions were issued.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-43 - Amendments to cure variances considered made

2A:17-43. Amendments to cure variances considered made
Any court of this state in which the record or exemplification of any judgment or execution is offered in evidence in support of any deed or conveyance made by a sheriff or other officer pursuant to an execution directed to him, shall consider the judgment or execution as amended in any particulars as to which they could have been, by rules of law or practice, amended at any time by the court in which the judgment was rendered or out of which the execution was issued, and the judgment or execution shall have the same force and effect as if it had been so amended.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-44 - Reversal of judgment or execution; effect as to purchaser of real estate sold

2A:17-44. Reversal of judgment or execution; effect as to purchaser of real estate sold
If any judgment or execution, the execution having been recorded as required by law, by virtue whereof a sale shall be made of real estate, shall be reversed, such reversal shall only operate against the respondent on review, his heirs, executors and administrators, to compel compensation to be made to the party aggrieved to the full value of the real estate so sold, and shall not be given in evidence, or be of any force or avail against any bona fide purchaser under such judgment or execution; but such purchaser, his heirs and assigns, shall hold the real estate so bona fide purchased, notwithstanding such reversal, if it be after such purchase.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-45 - Sale by sheriff or coroner for time being of property levied upon but not sold; special order

2A:17-45. Sale by sheriff or coroner for time being of property levied upon but not sold; special order
Whenever any sheriff or coroner, or other person to whom any writ of execution is directed levies on the goods and chattels or on the real estate of the party named therein, and such sheriff, coroner or other person dies or becomes disabled by law to discharge the duties of his office or appointment, or removes himself out of the jurisdiction of the state, and continues to reside thereout, without discharging the duties of his office or appointment, by a sale of the property or estate so levied on, then, or in either of such cases, the court, in which judgment is or shall be had, may proceed in a summary manner to order the sheriff or coroner, for the time being, of the county where the levy was made, to sell the property or estate so levied on, or so much thereof as may be sufficient to satisfy the whole or the residue of the moneys due on such execution. Thereupon the sheriff or coroner shall make the sale, and shall be entitled to the same fees for services done, and liable to all the penalties and consequences of law for neglect of duty, all as if the execution had been originally directed to him.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-46 - Effect of sales under execution and conveyances by sheriffs or coroners for the time being

2A:17-46. Effect of sales under execution and conveyances by sheriffs or coroners for the time being
Any sale to be made by a sheriff or coroner for the time being, under authority of section 2A:17-45 of this title, of any estate, real or personal, and any conveyance to be made by such sheriff or coroner of any real estate so sold, shall be as good and effectual in the law, as if the writ or writs of execution on which such property or estate was levied, had been originally directed to such sheriff or coroner.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-47 - Sales made prior to May 14, 1938, under execution, decree, order or judgment, validated

2A:17-47. Sales made prior to May 14, 1938, under execution, decree, order or judgment, validated
L.1938, c. 171, p. 382, entitled "An act validating the sale of certain lands, tenements, hereditaments or real estate made under any decree, judgment or order of any court of this state, or any execution or other process issued thereon," effective May 14, 1938, saved from repeal.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-48 - Deed by sheriff after expiration of term of office to real estate sold under execution during term of office

2A:17-48. Deed by sheriff after expiration of term of office to real estate sold under execution during term of office
If any real estate, levied upon by virtue of any valid writ of execution by any sheriff, shall have been or shall be sold by him under such levy during the term of his office, but shall not have been conveyed by deed by such sheriff during the term of his office, or if conveyed, the deed conveying the same shall have been lost before the record thereof, and the purchaser thereof shall have entered into and remained in possession of such real estate pursuant to such sale and purchase, such sheriff shall have full power, after the expiration of his term of office, to execute and deliver to the purchaser from him of any such real estate, a good and sufficient deed. If for any cause such sheriff is unable to execute and deliver his deed, the sheriff then in office is authorized and empowered to make, execute and deliver a good and sufficient deed to effectuate such conveyance. Either of said deeds shall have the same force and effect as if the sheriff first-mentioned had executed and delivered the same during his term of office.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-49 - Deed to real estate sold under execution on death or disability of master of the superior court, sheriff or coroner

2A:17-49. Deed to real estate sold under execution on death or disability of master of the superior court, sheriff or coroner
If any master of the superior court or the sheriff or coroner of any county who has made or shall make sale of any real estate by virtue of an execution against the same shall abscond or depart from the state or be disqualified by law or shall die or have died, or in any way become incapable of making a deed or conveyance for the same, the court out of which such execution issued, upon satisfactory proof that such sale has been fairly and legally made, may appoint another master of the superior court or the then sheriff or coroner of the county, who shall have full power on tender of the purchase-money, or if the purchase-money or any part of it has been paid, then on proof of such payment and on tender of the residue if any there be, to execute and deliver to such purchaser or his legal representative a deed of the real estate so sold. The deed shall be as good and valid and have the same force and effect as if the master, sheriff or coroner who made such sale had executed and delivered a deed for the same in due form of law. The moneys received on such deed shall be paid to the person entitled thereto by law.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-50 - Order to issue wage execution; application; jurisdiction.

2A:17-50 Order to issue wage execution; application; jurisdiction.
2A:17-50. a. When a judgment has been recovered in the Superior Court, and where any wages, debts, earnings, salary, income from trust funds, or profits are due and owing to the judgment debtor, or thereafter become due and owing to him, to the amount of $48.00 or more a week, the judgment creditor may, on notice to the judgment debtor unless the court otherwise orders, apply to the court in which the judgment was recovered, or to the court having jurisdiction of the same, and upon satisfactory proofs, by affidavit or otherwise, of such facts, the court shall grant an order directing that an execution issue against the wages, debts, earnings, salary, income from trust funds, or profits of the judgment debtor.
b. Notwithstanding the provisions of subsection a. or any other law to the contrary, when a wage execution application is filed by the State arising out of a determination by a State department or agency that a person owes the department or agency a debt as defined in section 1 of P.L.2005, c.124 (C.2A:16-11.1), such application may be filed with the Office of Administrative Law rather than with the Superior Court.
L.1951 (1st SS), c.344; amended 1969, c.92, s.1; 1991, c.91, s.42; 2005, c.124, s.7.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-51 - Effect of execution

2A:17-51. Effect of execution
On presentation of the execution mentioned in section 2A:17-50 of this title by the officer to whom delivered, for collection to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits are due and owing, or thereafter become due and owing to the judgment debtor, such execution shall become a lien and a continuing levy upon the wages, debts, earnings, salary, income from trust funds or profits due or to become due to such judgment debtor to the amount specified therein.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-52 - Number of executions issued and levied at same time; priority.

2A:17-52 Number of executions issued and levied at same time; priority.
2A:17-52. Number of executions issued and levied at same time.
a. Only one execution against the wages, debts, earnings, salary, income from trust funds or profits of such judgment debtor shall be satisfied at one time, and where more than one execution shall be issued pursuant to the provisions of this article against the same judgment debtor, they shall be satisfied in the order of priority in which such executions are presented to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits are due and owing, irrespective of the fact that such executions shall be issued out of different courts; provided, however, that where more than one such execution shall be presented to any such person on the same day and one of such executions derives from a court order for suitable support and maintenance of a wife, child or children it shall be first satisfied, notwithstanding the prior presentation on the same day of any other such execution.
b. Notwithstanding subsection a., any wage execution applications filed by the State after the effective date of P.L.2005, c.124, including those arising out of a determination by a State department or agency that a person owes the department or agency a debt as defined in section 1 of P.L.2005, c.124 (C.2A:16-11.1), shall have priority over any other wage execution filed on or after the effective date of this act except as follows:
(1) the execution set forth in this subsection shall not have priority over any execution that derives from a court order for suitable support and maintenance of a wife, child or children;
(2) the execution set forth in this subsection shall not have priority over any execution otherwise required to have priority pursuant to any other law.
L.1951 (1st SS), c.344; amended 1969, c.292, s.2; 2005, c.124, s.9.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-53 - Payments by persons indebted to debtor

2A:17-53. Payments by persons indebted to debtor
Any person, agent, treasurer or other fiduciary officer of a private or public municipal corporation, including any county, the State, or other governmental agency, to whom an execution mentioned in section 2A:17-50 of this Title is presented, and who shall at such time be indebted to the judgment debtor named in such execution, or who shall become indebted to such judgment debtor in the future, and while such execution shall remain a lien upon such indebtedness, shall pay over to the officer presenting the same, such amount of such indebtedness as such execution shall prescribe, less 5%, which amount shall be on account of compensation to such person, agent, treasurer or other fiduciary officer, for expense and services in payment of the execution, deductible from each payment made, until such execution shall be wholly satisfied. Such payment, together with the amount of said compensation, shall be credited to the account of the judgment debtor in payment of such execution and shall be a bar to any action for such payment, together with the amount of said compensation, by any such judgment debtor.
L.1951 (1st SS), c.344; amended by L.1970, c. 278, s. 1, eff. Dec. 3, 1970.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-54 - Failure to make payments

2A:17-54. Failure to make payments
Failure or refusal to make the payments required by section 2A:17-53 of this title shall render such person, agent or officer so failing or refusing liable to an action therefor by the judgment creditor named in the execution. Any amount recovered by the judgment creditor in such an action shall be applied to the payment of the execution.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-55 - Modification of execution.

2A:17-55 Modification of execution.
2A:17-55. Either party may apply at any time to the court or, in the case of executions pursuant to subsection b. of N.J.S.2A:17-50, to an Administrative Law Judge from which an execution mentioned in N.J.S. 2A:17-50 shall issue, upon such notice to the other party as such court shall direct, for a modification of such execution. Upon the hearing, such court or Administrative Law Judge may make such modification of such execution as shall be deemed just. Such execution as so modified shall continue in full force and effect until fully paid and satisfied, or until further modified as herein provided.
L.1951 (1st SS), c.344; amended 2005, c.124, s.10.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56 - Limitation on amount specified in execution.

2A:17-56 Limitation on amount specified in execution.
2A:17-56. a. In no case shall the amount specified in an execution issued out of any court against the wages, debts, earnings, salary, income from trust funds or profits due and owing, or which may thereafter become due and owing to a judgment debtor, exceed 10%, unless the income of such debtor shall exceed 250 % of the poverty level for an individual taking into account the size of the individual's family, in which case the court out of which the execution shall issue may order a larger percentage.
b. Notwithstanding subsection a. or any other law to the contrary, for all wage execution applications filed by the State pursuant to subsection b. of N.J.S.2A:17-50 after the effective date of P.L.2005, c.124 (C.2A:16-11.1 et al.), the State may seek a wage execution of up to 25% of the debtor's gross earnings, provided that after the execution the debtor's income will not be less than 250 % of the poverty level for an individual taking into account the size of the individual's family.
Nothing in this subsection shall be construed to violate any provision of federal law.
L.1951 (1st SS), c.344; amended 1970, c.287, ss.1,3; 2005, c.124, s.11.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.1a - Docketing of order in any court; force and effect

2A:17-56.1a. Docketing of order in any court; force and effect
An order directing that an execution issue against the defendant's wages pursuant to section 1 of P.L.1977, c. 292 (C. 2A:17-56.1) may be docketed in any other court and from the time of its docketing it shall have the same force and operation as an order of the court in which it is docketed.
L.1981, c. 203, s. 3, eff. July 9, 1981.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.6 - Time of remission of wages by employer

2A:17-56.6. Time of remission of wages by employer
An employer shall remit wages levied upon by a judgment or order of support within 10 days of the first wage payment after receipt of the judgment or order.
L.1981, c. 203, s. 4, eff. July 9, 1981.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.7b - Findings, declarations relative to child support reform.

2A:17-56.7b Findings, declarations relative to child support reform.
2. The Legislature finds and declares that:
a. Title III of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193, provides New Jersey with the authority and guidance to structure and administer an effective and efficient child support program that is accessible to all the citizens of this State needing its services;
b. Work and the timely payment of child support promote the best interests of all families with children;
c. The expeditious establishment of paternity and child support obligations is integral to the development of a safety net for participants in the Work First New Jersey program established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) and their children. With the implementation of the Work First New Jersey program and its time-limited benefits, the establishment of child support orders and the collection of child support are essential to the ability of families to achieve and maintain self-sufficiency;
d. The early establishment of paternity and child support orders creates a basis for individual security and family stability, and fosters an understanding of personal responsibility in children and teenagers;
e. The efficient establishment of paternity and support obligations, and the effective enforcement and collection of child support obligations pursuant to the provisions of Pub.L.104-193, will maximize the federal funding available to New Jersey for these services; and
f. The provisions of this act incorporate and expand the fundamental concepts of P.L.1981, c.417 (C.2A:17-56.8 et seq.) and comply with the federal initiatives embodied in Pub.L.104-193.
L.1998,c.1,s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.8 - Enforcement of child support orders.

2A:17-56.8 Enforcement of child support orders.
2. Every complaint, notice or pleading for the entry or modification of a support order and every court order which includes child support shall include a written notice to the obligor stating that the child support provision of the order shall, and the health care coverage provision may, as appropriate, be enforced by an income withholding upon the current or future income due from the obligor's employer or successor employers and upon the unemployment compensation benefits due the obligor and against debts, income, trust funds, profits or income from any other source due the obligor except as provided in section 3 of P.L.1981, c.417 (C.2A:17-56.9). The written notice shall also state that the driver's license and professional or occupational licenses, or recreational or sporting license in accordance with P.L.1996, c.7 (C.2A:17-56.41 et seq.)held or applied for by the obligor may be denied, suspended or revoked if: the child support arrearage is equal to or exceeds the amount of child support payable for six months; the obligor fails to provide health care coverage for the children as ordered by the court for six months; or the obligor fails to respond to a subpoena relating to a paternity or child support proceeding; or a warrant for the obligor's arrest has been issued by the court due to failure to pay child support as ordered, failure to appear at a hearing to establish paternity or child support, or failure to appear at a hearing to enforce a child support order and said warrant remains outstanding. The written notice shall also state that the amount of a child support order and the provisions for health care coverage may be reviewed and updated when there has been a change in circumstances or in accordance with section 5 of P.L.1990, c.92 (C.2A:17-56.9a).
The court shall ensure that in the case of each obligor against whom a support order is or has been issued or modified, the obligor's income shall be withheld to comply with the order. An amount shall be withheld to pay the support obligation and it shall include an amount to be applied toward liquidation of arrearages reduced to judgments, payments for paternity testing procedures and provisions for health care coverage when applicable. These provisions shall also be applicable to all orders issued on or before the effective date of P.L.1985, c.278 (C.2A:17-56.16 et seq.).
A support provision contained in an order or judgment issued by the court shall be paid by income withholding unless the order or judgment specifically provides for an alternative payment arrangement to which the parties agree in writing or the obligor or obligee demonstrates and the court finds good cause for establishing an alternative arrangement.
L.1981,c.417,s.2; amended 1985, c.53; 1985, c.278, s.2; 1990, c.92, s.1; 1995, c.58, s.2; 1996, c.7, s.1; 1998, c.1, s.18.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.9 - Income withholding.

2A:17-56.9 Income withholding.
3. For support obligations that are payable through the Probation Division, the Probation Division shall mail the notice of immediate withholding to the obligor's payor if the payor is known. If the obligor's source of income is unknown at the time the Probation Division receives the support order, the Probation Division shall mail the notice to the payor within the time frame required pursuant to federal law. If an alternative payment arrangement has been ordered as provided in section 2 of P.L.1981, c.417 (C.2A:17-56.8) or a support order entered prior to October 1, 1996, the income withholding shall be initiated by the Probation Division when the obligor has failed to make the required child support payment and has arrearages accrued equal to the amount of the support payable for 14 days, or without regard to an arrearage or an alternative agreement if the obligee, for good cause, or the obligor requests that withholding be initiated. Subject to the provisions of P.L.1981, c.417 (C.2A:17-56.8 et seq.), an income withholding shall be initiated by the Probation Division and shall take effect without amendment to the support order or further court or quasi-judicial action and without regard to any alternative arrangements entered into by the parties or ordered by the court.
The total amount of income to be withheld shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673 (b)). The income withholding shall be carried out in full compliance with all procedural due process requirements. The Administrative Office of the Courts shall establish procedures for promptly terminating the withholding when necessary and for promptly refunding amounts which have been improperly withheld.
The Probation Division shall extend the income withholding system to include withholding from income derived within the State in cases where the applicable support order was issued in another state.
When an income withholding order has been issued in this State, it shall promptly be forwarded to the obligor's principal place of employment pursuant to P.L.1998, c.2 (C.2A:4-30.65 et seq.) or to the appropriate child support agency in the payor's state in the form prescribed by the federal Office of Child Support Enforcement. All procedural due process requirements of the state Title IV-D agency where the obligor has income shall apply to the income withholding.
L.1981,c.417,s.3; amended 1985, c.278, s.3; 1990, c.92, s.2; 1998, c.1, s.19.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.9a - Review of child support payments; adjustment or determination; challenge.

2A:17-56.9a Review of child support payments; adjustment or determination; challenge.
5. At least once every three years, unless the State has developed an automated cost-of-living adjustment program for child support payments, the parties subject to a Title IV-D support order shall be provided notice of their right to request a review, which shall be conducted in accordance with the rules promulgated by the State IV-D agency in consultation with the Supreme Court. Such review shall take into account any changes in the financial situation or related circumstances of both parties and whether the order of child support is in full compliance with the child support guidelines.
Upon completing the review and if a change in the amount of child support is recommended, the State IV-D agency or designee shall so notify the obligor and obligee in writing of the child support amount that is recommended. The obligor and obligee shall be afforded not less than 30 days after such notification to file with the State IV-D agency and the court a challenge to such proposed adjustment or determination. If proof exists that the obligor and obligee have been provided with at least 30-days' notice of the proposed adjustment, the court shall adjust the child support amount as proposed by the department if either party does not challenge the recommended award within the prescribed time or fails to show good cause why the adjustment should not occur.
In accordance with section 351 of Pub.L.104-193, a proof or showing of a change in circumstances shall not be required prior to initiation of a review or for the adjustment of an order under the three-year review process; however, a proof or showing of a substantial change in circumstances shall be required prior to the initiation of a review or for the adjustment of an order outside the three-year review process.
L.1990,c.92,s.5; amended 1998, c.1, s.20.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:17-56.9b - Rules, regulations

2A:17-56.9b. Rules, regulations
a. The Commissioner of Human Services shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt and promulgate such rules and regulations as may be necessary for the implementation of this act.
b. The Supreme Court shall promulgate rules and procedures as may be necessary for the implementation of this act by the courts and probation departments.
L.1990,c.92,s.6.