[First Reprint]

SENATE, No. 2881

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED JUNE 11, 2009

 


 

Sponsored by:

Senator LORETTA WEINBERG

District 37 (Bergen)

Senator PAUL A. SARLO

District 36 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Senator Vitale

 

 

 

 

SYNOPSIS

     Imposes temporary fee on plaintiffs at certain residential mortgage foreclosure sales to provide funding for Legal Services of New Jersey.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on June 22, 2009, with amendments.

  


An Act concerning Legal Services, amending 1[P.L.2001, c.370] N.J.S.22A:4-81 and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1[1. Section 6 of P.L.2001, c.370 (C.22A:4-8.1) is amended to read as follows:

   6.      a. The county treasurer shall be responsible for all fees received by or deposited with the county sheriff pursuant to N.J.S.22A:4-8.  The county sheriff shall account to the county treasurer for all these fees.

     b.    (1) The county treasurer shall deposit into a trust fund dedicated to the sheriff's office $2.00 of each fee over the amount of $3.00 received for a service enumerated in N.J.S.22A:4-8.  Such sums shall be deposited within 10 days of receipt by the county treasurer.  Monies in the trust fund shall be used to upgrade and modernize the services provided by their offices.  As used in this section, "to upgrade and modernize the services" shall not include the costs associated with employing personnel and shall not include offset of existing salary or new positions.  The monies in the trust fund shall not be used for budgetary reduction by the counties.

     (2)   The county treasurer shall forward to the State Treasurer for deposit in the Legal Services Trust Fund established pursuant to section  2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) the sum of $300 from each mortgage execution sale exceeding $7,000 that is conducted by the sheriff.

     c.     Notwithstanding any provision of law to the contrary, monies received by a county sheriff attributable solely to the amount of fee increases for services enumerated in N.J.S.22A:4-8 pursuant to the amendments set forth in section 5 of P.L.2001, c.370, that exceed in any year the amount by which the annual minimum salary of the sheriff fixed pursuant to N.J.S.40A:9-104 exceeds the amount of the county sheriff's salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

(cf: P.L.2001, c.370, s.6)]1

 

     11.   N.J.S.22A:4-8 is amended to read as follows:

     22A:4-8.  For the services hereinafter enumerated sheriffs and other officers shall receive the following fees:

     In addition to the mileage allowed by law, for serving every summons and complaint, attachment or any mesne process issuing out of the Superior Court, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served, be allowed $22.00 and, for service on the second defendant named therein, $20.00, and for serving such process on any other defendant or defendants named therein, $16.00 each, and no more. If a man and his wife be named in such process they shall be considered as one defendant, except where they are living separate and apart.

     Serving summons and complaint in matrimonial actions, in addition to mileage, $22.00.

     Serving capias ad respondendum, capias ad satisfaciendum, warrant of commitment, writ of ne exeat, in addition to mileage, $48.00.

     Serving order to summon juries and return, $8.00.

     Serving every execution against goods or lands and making an inventory and return, in addition to mileage, $48.00.

     For returning every writ, $2.00.

     Executing every writ of possession and return, in addition to mileage, $48.00.

     Executing every writ of attachment, sequestration or replevin issuing out of any of the courts, in addition to mileage, $48.00.

     For serving each out-of-State paper, in addition to the mileage allowed by law, $25.00 for the first defendant on whom such paper is served, $20.00 for service on the second defendant named therein, and $16.00 for serving such paper on any other defendant or defendants named therein. If a man and wife be named in such paper, they shall be considered as one defendant, except where they are living separate and apart.

     For serving or executing any process or papers where mileage is allowed by law, the officer shall receive mileage actually traveled to and from the courthouse, at the rate per mile of $0.16.

     The sheriff shall be entitled to retain out of all moneys collected or received by him on a forfeited recognizance, whether before or after execution, or from amercements, or from fines and costs on conviction, on indictment or otherwise, whether such moneys are payable to the State or to the county treasurer of the county wherein conviction was had, 5%.

     For transporting each offender to the State Prison, per mile, but not less than $3.00 for each offender, to be certified by the keeper of the prison and the certificate to be delivered to the county treasurer of the county where the conviction was had, $0.23.

 

EXECUTION SALES

 

     When a sale is made by virtue of an execution the sheriff shall be entitled to charge the following fees: On all sums not exceeding $5,000.00, 6%; on all sums exceeding $5,000.00 on such excess, 4%; the minimum fee to be charged for a sale by virtue of an execution, $50.00.

     In every residential mortgage execution sale, or settlement prior to sale, exceeding $7,000 and conducted by the sheriff, the plaintiff shall pay a fee of $300 to the county treasurer, which shall be forwarded to the State Treasurer for deposit in the Legal Services Trust Fund  established pursuant to section 2 of P.L.    , c.   (C.      )(pending before the Legislature as this bill).

     On an execution against wages, commissions and salaries, the sheriff shall charge the same percentage fees on all sums collected as those percentage fees applicable in cases wherein an execution sale is consummated.

     When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive 1/2 of the amount of percentage allowed herein in case of sale.

     Making statement of execution, sales and execution fees, $10.00.

     Advertising the property for sale, provided the sheriff or deputy sheriff attend in pursuance of the advertisement, $20.00.

     Posting property for sale, $20.00.

     For the crier of the vendue, when the sheriff proceeds to sell, for every day he shall be actually employed in such sale, $5.00.

     Every adjournment of a sale, but no more than one adjournment shall be allowed, and if the sheriff shall have several executions against a defendant, he shall only be allowed for advertising, attending and adjourning, as if he had but one execution, $28.00.

     Drawing and making a deed to a purchaser of real property, $75.00.

     Drawing and making a bill of sale to the purchaser of personal property when such bill of sale is required or demanded, $20.00. 

     When more than one execution shall be issued out of the Superior Court upon any judgment, each sheriff to whom such execution shall be directed and delivered shall be entitled to collect and receive from the defendant named in such execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by him, and the sheriff who shall collect the amount named in said execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him, but in case any such judgment shall be settled between the parties and the amount due thereon shall not be collected by either sheriff, then the percentage on the amount collected which would be due the sheriff thereon in case only one execution had been issued shall be equally divided among the several sheriffs in whose hands an execution in the same cause may have been placed.

     The sheriff shall file his taxed bill of costs with the clerk of the court out of which execution issued, within such time as the court shall direct by general rule or special order, or, in default thereof, he shall not be entitled to any costs. If any sheriff shall charge in such bill of costs for services not done, or allowed by law, or shall take any greater fee or reward for any services by him done than is or shall be allowed by law, he shall be liable for the damages sustained by the party aggrieved including a penalty of $30.00, to be recovered in a summary manner, in the action or proceeding wherein the execution was issued or otherwise.1

(cf: P.L.2001, c.370, s.5)

 

     2.    (New section) a. There is established in the General Fund the “Legal Services Trust Fund” as a nonlapsing revolving fund in the Department of the Treasury.  Monies deposited in the fund shall be appropriated and distributed to Legal Services of New Jersey to provide legal assistance to the poor in civil matters. Interest and other income earned on moneys deposited into this fund shall be credited to the fund. The State Treasurer shall perform an audit of this fund annually and the results of the audit shall be included in the report required pursuant to subsection b. of this section.

     b. The State Treasurer shall submit an annual report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the use of the funds created pursuant to this section.

 

     3.    This act shall take effect immediately and shall expire five years after the effective date.