Blog

Judgment Creditors Cannot Partition Property Held by Spouses as Tenants by Entirety

Posted by May 20, 2018 , ,

In a case of first impression the New Jersey Appellate Division crushed the hopes of judgment creditors from forcing a partition sale of property owned by a married couple as tenants by the entirety in order to satisfy the judgment debt obtained against only spouse. Jimenez v. Jimenez, Docket No. A-2495-16 (App. Div. May 8, 2018).  In this famil ... Read More.

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NJ Supreme Court Upholds Creditor’s Security Interest in Attorney’s Fees

Posted by November 16, 2017 , , ,

In a November 14, 2017 decision, the New Jersey Supreme Court addressed two important questions arising under Article 9 of the Uniform Commercial Code governing the pledging and perfection of a security interest in an attorney's contingency fee. (1) Is the pledge of an anticipated attorney's fee considered an account receivable that can be sec ... Read More.

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County Sheriff’s Commissions for Enforcing Civil Writs of Execution

Posted by December 6, 2016 ,

Despite New Jersey having a uniform policy on the books when it comes to computing the allowance of a county sheriff's fees for carrying out judicial execution sales, see N.J.S.A. 22A:4-8, in practice the results will often vary from County to County. My firm recently recovered payment of a civil judgment for $56,000 immediately following a levy on ... Read More.

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When Debtor’s Money is no Longer Debtor’s Money: Sometimes not even Bankruptcy Helps

Posted by November 16, 2016 ,

When does a New Jersey resident lose all right to funds in a bank account levied by a judicial officer on behalf of a judgment creditor?  The answer:  "When the Superior Court of New Jersey enters an order compelling the bank to turnover or surrender the funds."  If a turnover order is entered before a bankruptcy petition is filed, the debtor ... Read More.

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