SENATE, No. 1835

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1997

 

 

By Senators MATHEUSSEN and ZANE

 

 

An Act concerning writs of execution and amending N.J.S.2A:18-27.

 

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

 

    1. N.J.S.2A:18-27 is amended to read as follows:

    2A:18-27. A writ of execution issued out of the Superior Court, Law Division, Special Civil Part shall remain valid and effective for the purpose of a levy, and shall be operative and effective against any goods and chattels levied upon, for [one year]two years from the date of its issuance, unless sooner satisfied. Thereafter it shall be void. The officer shall make a return to the clerk of the proceedings had by him on such writ forthwith after a satisfaction thereof, otherwise within [one year] two years.

(cf: P.L.1991, c.91, s.49.)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    Under current law, writs of execution against personnel property issued by the Special Civil Part of the Superior Court are valid for a period of one year. This one year limitation can cause problems when, for example a judgment-debtor agrees to pay a judgment in installments that last longer them one year. In such situations, the writ of execution is returned partially satisfied at the end of the year and the judgment creditor has to request and pay for the issuance of a new writ. This causes added expense for litigants and added work for court personnel. Implementing a recommendation of the Supreme Court's Committee on the Special Civil Part, this bill would provide that writs of execution issued by the Special Civil Part be valid for a period of two years.


                             

 

Provides that writs of execution issued by the Special Civil Part be valid for two years.