Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:17-64. Order to debtor to pay in installments; modification 2A:17-64. If it is made to appear that the judgment debtor is entitled to, or is in receipt of, an income or any property or money or things in action, or rights and credits, including such income as is derived from f…

2A:17-65. Order forbidding transfer or other disposition of property or money 2A:17-65. In aid of execution, the Superior Court upon proof by the oath of the party or his or its agent or attorney or of any other person, showing facts establishing that the judgment debtor has prop…

2A:17-66. Receiver; appointment 2A:17-66. In aid of execution, the Superior Court may, on application of either the judgment creditor or the defendant and in its discretion, order the appointment of a receiver of the property and things in action belonging or due to or held in tr…

2A:17-67. Powers and duties of receiver The receiver so appointed shall be vested with the title to the said rights and credits and shall have authority to receive and take into possession the remaining property specified in section 2A:17-65 of this title. The receiver shall liqu…

2A:17-68. Receiver subject to authority and orders of court The receiver shall be subject to the authority and orders of the court, from time to time to be given by the court appointing him, and shall, on the fulfillment of his duties, or at other times when called upon, make rep…

2A:17-69. Execution against survivors on death of some If 1 or more of several parties against whom a judgment has passed dies after judgment, execution may issue against such parties as if no death had occurred. The execution shall be operative only against the persons and prope…

2A:17-7. Execution on judgment of Superior Court on appeal from municipal court 2A:17-7. Execution on a judgment of the Superior Court on appeal from a municipal court may issue immediately on the entry of the judgment. L.1951 (1st SS), c.344; amended 1991,c.91,s.39.

2A:17-70. Execution against executor, administrator, heir, devisee or terre tenant No execution against an executor, administrator, heir, devisee or terre tenant shall issue against his own goods and chattels or real estate, unless there is a general judgment or order against him…

2A:17-71. Execution against estate of decedent without administration If a defendant, or 1 or more of several defendants against whom a judgment has passed, dies after judgment and the judgment is unsatisfied in whole or in part, then after 6 months after the death of such defend…

2A:17-72. Execution against taxing district When any execution shall be issued upon a judgment against any taxing district, and there shall be found no property sufficient to satisfy the same by levy, the officer shall serve a copy of his execution upon the county board of taxati…

2A:17-73. Execution against school district or regional school board Whenever an execution is issued against the board of education of a school district or a regional board of education of this state by any court of this state having authority to issue the same, upon a judgment a…

2A:17-74. Execution against corporation; names of directors and officers and schedule of property for execution officer Every agent or person having charge or control of any property of a corporation shall, upon request therefor by any officer having for service a writ of executi…

2A:17-75. Application of debts due to corporation in satisfaction of execution; delivery and assignment to execution officer If any officer, holding an execution against a corporation, shall be unable to find other property belonging to the corporation liable to execution, either…

2A:17-76. Collection of and action on assigned debts by execution creditor When debts due to a corporation have been delivered, transferred and assigned to an officer holding an execution against the corporation, for the use of the execution creditor, pursuant to section 2A:17-75…

2A:17-77. Against whom writ not to issue No capias ad satisfaciendum shall issue in a civil action or an action for a penalty to take the body of: a. A female; or b. An infant under the age of 16 years; or c. An infant above such age and under 21 years of age, if the court before…

2A:17-78. Issue of writ on judgments founded on contract A capias ad satisfaciendum shall not issue on a judgment founded upon contract, express or implied, except: a. Where an order to hold the defendant to bail has been issued and remains in force; or b. When due proof is made …

2A:17-79. Issue of writ on judgments in tort actions In all cases in which the first process shall be a summons, the writ of capias ad satisfaciendum shall not be issued against a defendant upon any judgment in an action of tort for injuries to the person or damages to property, …

2A:17-8. No execution on judgment in action on judgment appealed from pending determination of appeal If a party against whom a judgment has been rendered appeals therefrom and the party in whose favor the judgment has been rendered brings an action on the judgment and recovers, …

2A:17-80. Capias or other execution against prisoner escaping from prison If a person committed to prison by virtue of an execution escapes therefrom, the creditor at whose suit the prisoner was charged in execution at the time of the escape may retake the escaped prisoner by any…

2A:17-81. Execution against estate of execution debtor whose person was taken in execution An execution creditor, his executor or administrator, may, when an execution debtor dies after execution has been issued against his person, but before the judgment under which it issued ha…

2A:17-82. Contempt proceedings not affected Nothing in this article shall be construed to apply to proceedings as for contempt to enforce civil remedies. L.1951 (1st SS), c.344.

2A:17-83. Writ when defendant has made deposit in lieu of bail If plaintiff, in an action in which defendant has been held to bail and defendant has made a deposit of cash with the court in lieu of bail, recovers judgment for an amount in excess of the sum deposited, he shall hav…

2A:17-9. Statement of money collected, etc., returned and filed with execution The sheriff or officer to whom an execution is delivered shall, when he returns the execution and without making a charge therefor, return and file therewith, in the office of the clerk of the court ou…

2A:18-27 Life of execution and return. 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…

2A:18-29. Liability of officer to judgment creditor for neglect or default in making execution 2A:18-29. If, by reason of the negligence of an officer in the performance of any of the duties imposed upon him respecting an execution for the Superior Court, Law Division, Special Ci…

2A:18-32. Docketing judgments of the Special Civil Part 2A:18-32. Any final judgment of the Special Civil Part when not less than $10, including costs, remains due thereon, may be docketed by the party recovering the same, his executors, administrators or assigns, with the Clerk …

2A:18-33. Docketing of judgment pending determination of motion for new trial or appeal 2A:18-33. During the pendency of a motion for a new trial, or an appeal, a judgment of the Superior Court, Law Division, Special Civil Part may be docketed unless otherwise ordered by the tria…

2A:18-34. Statement and affidavit filed with clerk; transcript entry of judgment 2A:18-34. The clerk of the Superior Court, shall require that there be filed in his office a statement, signed by the clerk of the Special Civil Part in which the judgment was entered containing: a. …

2A:18-35. Issue and return of execution not necessary 2A:18-35. It shall not be necessary, before obtaining the statement mentioned in this article, that execution issue out of and be returned into the Superior Court, Law Division, Special Civil Part. The statement may be made an…

2A:18-36. Clerks' dockets 2A:18-36. The clerk of the Superior Court shall provide and keep a docket, in which shall be entered, upon compliance with the provisions of this article, the judgments to be docketed pursuant to this article. The docket of the clerk of the Superior Cour…

2A:18-37. Indexes to dockets; dockets and indexes public records 2A:18-37. The clerk of the Superior Court shall make and keep a complete alphabetical index to the dockets required to be kept by this article. The dockets and the indexes thereto shall be public records, to which a…

2A:18-38. Operation and effect of docketed judgment in general 2A:18-38. A judgment docketed in the Superior Court in the manner herein provided shall, from the time of its docketing, operate as though it were a judgment obtained in an action originally commenced in the Superior …

2A:18-39. Satisfaction of docketed judgment; entry 2A:18-39. Satisfaction of a judgment docketed as herein provided may be entered in the same manner and upon the same evidence in which satisfaction of an original judgment of the Superior Court other than of the Special Civil Par…

2A:18-40. Execution out of Superior Court on docketed judgment 2A:18-40. Execution may issue on a judgment docketed as herein provided out of the Superior Court, with the same effect as to the real and personal property of the judgment debtor as if issued on a judgment originally…

2A:18-41. Jurisdiction of Special Civil Part over docketed judgments 2A:18-41. After a judgment has been docketed as herein provided, no execution shall issue in the Special Civil Part. The Special Civil Part shall have original jurisdiction with respect to the granting of a new …

2A:18-42. No execution on docketed judgments pending application for new trial or appeal 2A:18-42. If a judgment has been docketed before the grant of a new trial or an appeal taken, no execution shall issue thereon pending the final determination of such proceedings. L.1951 (1st…

2A:18-43. New trial notwithstanding judgment docketed and execution issued 2A:18-43. If a judgment has been docketed and execution issued thereon before the grant of a new trial by the Special Civil Part, the Special Civil Part may nevertheless grant a new trial, and, if granted,…

2A:18-44. Revival of docketed judgment 2A:18-44. A judgment docketed as provided in this article may be revived by proceedings in the Superior Court in the same manner, in the like cases and with the like effect as if such judgment had been obtained in an action commenced in the …

2A:18-45. Entry in docket of determination on appeal If a judgment docketed as provided in this article is reviewed upon appeal, and a duly certified transcript of the judgment of the court upon the appeal shall be delivered to the clerk of the court wherein the judgment is docke…

2A:18-51. Tenancy created by agent; termination by owner; recovery of possession or rentals 2A:18-51. If real estate is leased by an agent of the owner thereof, in his own name or as agent, the owner, his assignee or grantee may terminate the tenancy as the agent might do. The ow…

2A:18-52. Dismissal of action involving title of land If upon trial of a landlord and tenancy proceeding the plaintiff shall not be able to prove, by lease or other evidence, his right to the possession of the premises claimed by him without proving title to lands, tenements and …

2A:18-53. Removal of tenant in certain cases; jurisdiction 2A:18-53. Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or …

2A:18-54. Notices and summons; substituted service; service by posting Where for any reason, any of the notices required by section 2A:18-53 of this title, cannot be served as provided in said section or a summons and complaint cannot be served as in other actions, such notices o…

2A:18-55. Discontinuance upon payment into court of rent in arrears; receipt If, in actions instituted under paragraph "b" of section 2A:18-53 of this title, the tenant or person in possession of the demised premises shall at any time on or before entry of final judgment, pay to …

2A:18-56. Proof of notice to quit prerequisite to judgment No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 …

2A:18-57. Judgment for possession; warrant for removal; issuance If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put t…