SENATE, No. 273

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator CARDINALE

 

 

An Act concerning certain fees payable to court officers and amending P.L. 1991, c.177.

 

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

 

    1. Section 15 of P.L.1991, c.177 (C.22A:2-37.2) is amended to read as follows:

    15. a. From the fees set forth in section 14 of P.L.1991, c.177 (C.22A:2-37.1), the clerk of the Special Civil Part of the Superior Court, Law Division, shall pay to officers designated by the Assignment Judge to serve process the following fees:

    (1) Serving summons, notice or third party

     complaint on one defendant............. $3.00

     on every additional defendant............. $2.00

    (2) Reserving summons or other original process

     on any defendant............................ $3.00

    (3) Warrant to arrest, capias, or commitment,

     for each defendant served...................... $15.00

    (4) Serving writ and summons in replevin, taking

     bond and any inventory, against one defendant... $6.00

     on every additional defendant............. $2.00

    (5) Serving writ in replevin when issued subsequent

     to service of summons, against one defendant.... $5.00

     on every additional defendant............. $2.00

    (6) Serving order for possession in replevin... $4.00

    (7) Serving writ of attachment and making inventory,

     one defendant............................. $4.00

     on every additional defendant............. $2.00

    (8) Serving and executing warrant for possession

     in tenancy.................................. $10.00

    (9) Every execution, or any order in the nature

     of an execution, on a judgment, for each

     defendant................................. $2.00

    b. For every mile of travel in serving or executing any process, writ, order, execution, notice or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the county governing body for other county employees and the total mileage fee rounded upward to the nearest dollar.

     c. In addition to the foregoing, the following fees for officers of the Special Civil Part shall be taxed in the costs and collected on execution, writ of attachment or order in the nature of any execution on any final judgment, or on a valid and subsisting levy of an execution or attachment which may be the effective cause in producing payment or settlement of a judgment or attachment:

 

    (1) For advertising property under execution

     or any order.............................. $10.00

    (2) For selling property under execution or

     any order ..................................... $10.00

    (3) On every dollar [of the first $5,000.00] collected on execution, writ of attachment, or any order, $0.10, [and on every dollar of any amount in excess thereof, $0.05].

(cf: P.L.1991, c.177, s.15)

 

    2. This act shall take effect 30 days following enactment.

 

 

STATEMENT

 

    Presently, under the provisions of N.J.S. 22A:2-37.2, court officers are entitled to $.10 on every dollar of the first $5,000.00 collected on an execution, writ of attachment or court order issued by the Special Civil Part of the Superior Court, Law Division. On every dollar in excess of $5,000.00, court officers are entitled to $.05. This bill would provide that a court officer would be entitled to $.10 of every dollar collected pursuant to a Special Civil Part execution, writ of attachment or court order.

 

 

                                                              

Modifies fees to which court officers are entitled in connection with monies collected pursuant to Special Civil Part orders.