New Jersey judgment records are legal court documents that contain a court final decision in regards to a civil dispute. In New Jersey, judgment records are maintained and stored among the documents of a civil case as part of a court’s official records. New Jersey court records including judgment records are considered public records and these records can be accessed through courthouses, clerk's offices or online in electronic formats.
Judgment records of lawsuits in New Jersey generally contain the rights and obligations of litigants, the names of parties involved in the case, the entry date of the judgment, and other court proceedings connected to the suit.
What is a Judgment?
A judgment is a court’s final decision on the liability and obligation of litigants of a civil suit; it also provides an official explanation as to why the court chose to make an order. In a court hearing, different types of judgment can be issued. However, for a judgment to be considered valid, the judgment has to be issued by a competent judge and a court with jurisdiction over the case and the parties involved.
Generally, a judgment can be issued in written or oral form depending on the circ*mstances surrounding the case. Oral judgments are preferably issued when the court has substantial caseloads or a swift decision is required. On the other hand, written judgments are issues in more complex cases with greater importance to the public and the legal community. In a civil proceeding, a judgment only addresses evidence and arguments presented in the proceeding. As such, a judgment can not legally bind persons not involved in a proceeding or extend beyond the facts presented in a proceeding.
New Jersey Judgment Laws
New Jersey judgments laws are stated under the Rules Governing the Courts of New Jersey. Under these rules, the processes plaintiff and defendant are to follow in a judgment collection processes is dictated.
What is a New Jersey Judgment Lien?
A New Jersey judgment lien is a claim placed on the personal property of the losing party (judgment debtor) by the winning party (judgment creditor) of a docketed judgment. despite awarding a judgment, state courts are not responsible for collecting owned sum awarded by a judgment on behalf of its creditor. As such, a judgment lien is a way a creditor can ensure that a judgment would be satisfied. a lien provides the creditors the right to a portion of the proceeds from the sale of a debtor’s property.
In New Jersey, when a judgment is docketed it becomes a lien on all the property owned by a debtor within the state. A lien can be attached to any personal property owned by a debtor without their permission. On the debtor’s failure to pay the amount owed, the property can be sold to satisfy the judgment.
What is a New Jersey Summary Judgement?
A New jersey summary judgment is a judgment issued by a state court without a trial. A summary judgment is issued upon a litigant filing a motion of summary judgment, provided there is no reason for a case to proceed to trial. This is usually a result of the movant being entitled to a favorable judgment as a matter of law. Both parties of a civil suit (the plaintiff and the defendant) have the right to request a summary judgment. Although in most cases, the request is often made by the plaintiff.
Summary judgments are requested on the premise that the facts of a civil suit are indisputable and all parties involved agree on the important facts of the suit. A summary judgment can grant a monetary reward or an injunctive order. It is important to note that a summary judgment can be appealed in higher courts after the judgment has been granted.
What is A Summary Judgment Motion In New Jersey?
In New Jersey, a summary judgment motion is a claim filed by a litigant of a civil suit requesting a judgment in their favor as a matter of law. Pursuant to New Jersey Court Rule 4:46, any party to a civil suit may file this motion.
After 35 days from service of the pleading claiming relief, litigants can motion for a summary judgment. Typically, the motion is returned 30 days before the scheduled trial date except if the court orders for good cause shown. When a decision has not been made by the court 10 days prior to the scheduled trial date, an application for adjournment would be granted. The motion would be granted if there is no material dispute to the facts provided in the motion and the movant would be awarded their claims in a judgment.
New Jersey Judgment Record Search
Per New Jersey Court Rule 1:38, public access to court records is allowed. These records include judgment records. However, there are exceptions to this rule which includes confidential and sealed court records under Court Rule 1:38-3.
Members of the public can utilize several means in accessing and searching for judgments records in New Jersey. Judgments record searches can be made online through the search portal provided by the New Jersey Judiciary. In-person searches can be made by visiting the relevant courthouse (where the hearing took place) and submitting a written request to the clerk’s office to view a judgment record.
Depending on the lawsuit, some aspects of the case may not be open for public viewing. Only parties to the suit would be allowed exhaustive access to view these cases.
How Do I Look Up a Judgment In New Jersey?
Members of the public interested in looking up a judgment in New Jersey can:
- Visit the clerk’s office of relevant courthouses during regular business hours and submitting an appropriately filled Record Request Form to the clerk.
- Use the New Jersey Courts judgment search portal to access state judgment records remotely. Searches are made by either providing the case docket numbers or the names of litigants.
- Request copies of a judgment record online using the New Jersey Courts JEDS Electronic request portal. Note that, using these services is usually accompanied by copy and authentication service fees.
The New Jersey Judicary website also provides the locations, addresses, and phone numbers of local courthouses in New Jersey.
What Happens if You Have a Judgment Against You in New Jersey?
When a New Jersey court dockets a judgment, the right and obligations stated in the judgment become legally binding upon the parties of the litigation. The losing party of the ligation becomes the judgment debtor and the judgment is docketed against the debtor. The debtors will have to comply with a court-issued injunctive or a monetary judgment.
Refusal to comply with a docketed judgment can lead to unpleasant legal consequences. Judgment creditors are provided rights and legal actions that can be used to ensure and enforce judgment satisfaction. Legal action that can be taken by a creditor includes wages execution, bank levy, execution on other assets, and execution on real estate owned by the debtor.
It is possible to appeal a judgment at a higher court provided there is a legal basis to justify the appeal. The appeal would subsequently allow a judgment to be reviewed and possibly overturned.
How Do I Find Out If I Have Any Judgments Against Me In New Jersey?
It is relatively easy to find out if a judgment has been placed against anyone in New Jersey. As previously mentioned, searches can be made by visiting the clerk offices of courthouses and requesting to check their record or by using the State Judiciary online portals. Notices are also sent to affected persons by the courts through their mail.
How Long Does A Judgment Stay On Your Record?
In New Jersey, a judgment remains part of a court permanent record. As such, there is no means to request the removal of these records as opposed to criminal convictions.
However, a judgment can appear on a debtor’s credit report for up to 7 years from the judgment entry date. The judgment’s appearance on a debtor’s credit report is also subject to the state’s statute of limitation. A judgment can affect the debtor’s ability to get loans, credit cards, or rent an apartment.
After a judgment has been satisfied, a copy of the Warrant to Satisfy Judgment form can be submitted to the leading credit reporting agencies namely; Experian, Equifax, and TransUnion. This allows a debtor to update and remove a judgment from their credit report.
How To Enforce A Judgment In New Jersey
In New Jersey, when a judgment is docketed, state courts can help in the judgment collection process. However, the court cannot guarantee payment of claims awarded in a judgment. Once docketed, a judgment comes a lien against all real properties owned by a debtor in the state. Other means are provided to the creditor to enable the enforcement of a judgment. These means include several ways to gathering information on the debtor’s assets and income.
An information subpoena form can be used to collect information about a debtor’s assets and income. A motion for discovery can also be filed against the debtor, when granted, a court order would be issued requiring the debtor to appear in court and answer questions about their income and assets under oath. Once the cerditor gathers information about the debtor’s assets and income, they can proceed to collect amounts owed by the debtor through;
- Wage execution; provided a debtor earns more than $217.50 a week, a wage of execution can be used to collect a portion of the debtor’s wages until a judgment is satisfied. A Notice of Application for Wage Execution would need to be sent to the debtor and their employer by mail. A copy of the application, proof of service, and a $50 fee must be filed with the county’s Civil Division Manager’s office where the case was heard.
If the debtor does not object to the wage of execution, the court would issue an Order for Wage Execution. A Writ of Execution along with the appropriate service fees would need to be filed with the sheriff’s office of the county where the debtor’s employer is located. This gives the sheriff the authority to collect the money owed through the debtor’s wages on the creditor’s behalf.
- Bank levy; these means give authority to the sheriff’s office to take over a debtor’s bank account. Similar to wage execution, an appropriately filled writ of execution along with the service fee would need to be filed with the sheriff’s office. Depending on the judgment docket number the Writ of Execution would need to be filed to additional authorities. For a judgment docket number containing “J”, the writ would need to be sent to the county’s Civil Division of Labour where the case was heard. For a judgment docket number containing “DJ”, the writ is issued upon request by the Superior Court in Trenton’s clerk.
Once the writ is received by the sheriff’s office, a notice would be sent by the sheriff to the debtor’s bank and their account would be frozen. A Motion to Turn Over Funds would need to be filed with the court and signed by a judge to retrieve funds for the account.
Execution on other assets; to use this method of judgment enforcement, a debtor would have to own up $1000 worth of personal property. The debtor’s personal properties such as cars or office equipment can be seized by the sheriff’s office and sold at public sales. A court order would be needed for the sheriff to enter the debtor’s properties and make seizures.
Execution against debtors’ real estate; this method entails selling a debtor’s real estate to satisfy a judgment. However, extensive processes are involved in carrying out this method. Hence, hiring an attorney would be in the creditor’s best interest.
How To Collect A Judgment In New Jersey
In New Jersey, to collect a judgment also means enforcing a judgment. As such, collecting a judgment refers to receiving amounts awarded in the judgment of a civil suit. Typically, the state provided legal means through which the creditor can collect a judgment. However, the use of illegal tactics in collecting a judgment can lead to criminal and civil sanctions. These illegal methods under federal law include harassment, calling debtors outside 8 am - 9 pm, or treating a debtor.
The collection process can be started immediately a judgment is docketed provided no court orders are restricting the collection process. These court orders range from appeals to other legal cases.
What Happens if a Defendant Does Not Pay a Judgment in New Jersey
The consequences a defendant may face for inaction when a judgment is docketed include wage execution, bank levy, execution on other assets, real estate execution, and increases in monetary judgment. These consequences can make the life of a debtor uncomfortable. Hence, it is strongly advised that a debtor pays what is owed immediately after a judgment gets docketed. Per Court Rule 2:4, debtors are granted 45 days after a judgment entry to appeal the judgment provided there is a legal basis for the appeal.
Note that, an unpaid judgment can appear on a debtor’s credit report, which reflects poorly on the debtor and can negatively affect the debtor as previously stated.
What Personal Property Can Be Seized in a Judgment in New Jersey?
In New Jersey, a judgment creditor is given the right to seize a debtor’s personal property to enforce a judgment. These personal properties include the debtor’s wages, real estate, assets, and bank account. However, under state and federal laws certain amounts of the debtor’s wages and personal properties are exempted. As such, these properties or amounts of wages are protected under the law and an execution(levy) can not be placed on them.
The seizure of a debtor’s personal properties is made by the sheriff of the county where the item is located on behalf of the creditor. When a levy is placed on the properties of a debtor, a “notice” would be sent to the debtor informing them about the levy. If the property is exempted under federal or state laws, a “claim of exemption” can be filed by the debtor to have the levy removed from their property.
New Jersey Judgment Interest Rate
Under Court Rule, 4:42-11(a)(ii), New Jersey’s judgment annual interest rate on judgments not exceeding the monetary limit of the Special Civil Part at entry date is 1.50%. While the annual interest rate of judgments exceeding this limit is 3.50%.
What is a Default Judgment?
Under court Rule 4:43-1, A default judgment is entered in a civil suit when a defendant fails to answer a complaint or appear in court for a hearing. On a default judgment entry, the defendant is held “in default” and the plaintiff is awarded their claims. However, a defendant with justifiable reasons for defaulting can file a motion to vacate the default judgment and overturn the judgment.
How to File a Motion To Set Aside Default Judgment in New Jersey
Pursuant to New Jersey Court Rule 4:43-3, a motion to set aside a default judgment can be filed by a litigant to vacate a default judgment against them. However, for the motion to be approved by the court, the litigant would have to show good cause for defaulting. Motioning to set aside a default judgment is also regarded to as “vacating a judgment”.
File Motion To Vacate Judgment in New Jersey
Vacating a judgment also means setting aside the judgment. However, the term “aside” is prevalently used in New Jersey Court Rules. A motion to vacate a judgment is filed in a situation whereby a default judgment is issued and a litigant seeks to get relieved from the final judgment. However, a court requires just cause to vacate a judgment. As such the following reasons can be used by litigants in filing this motion pursuant to Court Rule 4:50;
- The discovery of new evidence that has the capability of affecting the judgment, which by due diligence its timely discovery was impossible to move for a new trial per Rule 4:49.
- Misrepresentation or misconduct by the opposing party.
- Excusable neglect, mistakes or surprises
- The basis of the judgment has been satisfied in a judgment prior to the current judgment.
- A void default judgment
A motion to vacate a judgment must be made within a reasonable time after the docketing of a judgment. However, if a litigant reason for defaulting falls among the first three reasons stated above (also in rule 4:50-1), per Rule 4:50-2, the motion must be filed within one year.
Filing a motion to vacate a judgment is done by appropriately filling the following forms and submitting them to the court and other parties of the case;
- Notice of motion form
- Certification of service form
- Certification in support of the motion form
- Order form
Copies of the following forms are available at the help section (Filing a motion to vacate a judgment) on the State Judiciary website. The fee for filing a motion to vacate a judgment is $25 and the payments are by a check or money order payable to the New Jersey State Treasurer. Filing this motion can be a tedious task, it is often in the best interest of litigants to hire an attorney to help in the process. Regardless, in New Jersey, litigants are allowed to represent themselves in court cases.
How To Remove An Abstract Of Judgment In New Jersey
In New Jersey, an abstract of judgment are liens placed on all the properties owned by a judgment debtor within the state when a judgment is docketed. liens are automatically placed by the court on behalf of a creditor to ensure that a judgment would be satisfied. With the help of a New Jersey County sheriff and permission from the court, a debtor’s properties (real estate) can be sold and the creditor receives portions of the proceeds to satisfy a judgment.
The only way to remove an abstract of judgment is to pay the amount awarded to the creditor in a judgment. Once the judgment has been paid or satisfied, a “Warrant to Satisfy Judgement form” should be sent to the court where the judgment was entered or directly to the debtor. If the judgment docket number contains “J” or “DJ”, the form has to be sent to the Clerk of the Superior Court. This form is filed with an application fee of $50. Thereafter, the judgment would be canceled and the abstract of judgment would be removed hence, closing the case.
How Long Is a Judgment Good For In New Jersey
In New Jersey, a judgment is good for 20 years. Thereafter, litigants are no longer held liable for the rights and obligations provided by the judgment. However, a judgment can be renewed by its creditor and strung out for another 20 years.
New Jersey Judgment Statute of Limitations Law
New Jersey statute of limitation laws for the enforcement of judgments is governed under the State Legislative Statutes Section 2A:14-5. This statute allows a 20years period for the collection and enforcement of a judgment. Note that a judgment can be renewed for another 20 years after the first 20 years has been exhausted.
