If you have obtained a judgment against another party which is refusing to pay the monies you are owed, you have a few options. Your experienced New Jersey civil litigation attorney can advise as to which method of collecting the judgment might be most appropriate under your specific circumstances.
Methods of judgment collection in New Jersey
There are five main tools you can utilize to recover the funds to which you are entitled, including wage execution, information subpoenas, supplemental proceedings, filing a motion in aid of litigant's rights, and levying upon assets.
By attaching the judgment to the debtor's wages, you will receive a portion of the judgment from each of the debtor's paychecks until the judgment is satisfied. New Jersey law has set wage garnishment limits at not more than 10 percent of a debtor's gross wages or 25 percent of his or her net wages, though, and two creditors may not garnish wages simultaneously.
You can serve an information subpoena upon the debtor to learn about what types of property and assets he or she has, and where they are kept. The subpoena is served upon both the debtor and any entities you believe may be holding the assets or may have information about where they may be located, such as the debtor's bank, employer, landlord, or even phone company.
Calling the debtor to attend a supplementary court proceeding is another way to learn whether the debtor has any property or assets that could be used to satisfy the judgment. If so, the Court can order the debtor to use same to pay what he or she owes.
Motion in aid of litigant's rights
A motion in aid of litigant's rights asks that the Court hold the debtor in contempt if the Court determines that he or she is willfully avoiding payment of the judgment.
New Jersey law also allows you to be granted attorney's fees and costs associated with the filing of the motion, at the Court's discretion.
Levying upon assets
Levying upon assets includes placing a lien on the debtor's real property (any real estate), which occurs upon the docketing of the judgment with the State, or even asking the Court to have the debtor's personal property seized and either sold or transferred to you in satisfaction of the judgment.
Consult an experienced civil litigation attorney in New Jersey
No matter what type or amount of judgment you are seeking to collect, one of our can help you hold the delinquent party accountable for the money you are owed. Contact the Kridel Law Group today for assistance with your case.