Winning a judgment doesn’t guarantee payment, but it does give you the right to lawfully seize property. The process of seizing property to satisfy your judgment is called execution. This article will discuss how it operates in New Jersey.
Executing On Your Judgment
After you get a judgment, the Court can issue a Writ of Execution to any Sheriff, which directs him to seize the debtor’s property within his county.
First you have to identify assets and where they are, so you know which Sheriff you need. Then you request a Writ and send it to him with information about specific assets. If the customer has property in multiple counties, you’d need a separate Writ for each Sheriff.
For example, say a third party in New Jersey owes your debtor money. You’d get a Writ for the Sheriff of the county where the third party’s located, and have the Sheriff garnish the money. If your debtor’s bank has a branch in the same county, he could also levy on the bank account. Otherwise, you’d need a separate Writ for the Sheriff of any county where the bank operates.
After seizing the bank account or garnishing the money, you’d then make a motion for an Order directing the bank or garnishee to turn the funds over to you. You can look for other property as well, but seized funds are already liquid and don’t require a Sheriff’s sale.
Satisfying Your Judgment
The Writ is good for 2 years. As long as your judgment remains unsatisfied, you can have the Sheriff execute multiple times. Once the Writ expires, you’d just request a new one.
If the customer ever satisfies your judgment, either voluntarily or through execution, you would then file a Warrant of Satisfaction with the Clerk, which brings your suit to a successful conclusion.
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This material is for informational purposes only and should not be construed as legal advice. No person should rely on this information without seeking the advice of an attorney.