New Jersey Debt Collection Laws

Submitted by Lloyd S. Markind, Sklar~Markind

http://sklarlaw.com/
Published by The National List of Attorneys
www.nationallist.com
Sklar ~ Markind is a full service commercial law firm established in 1995. We are devoted to providing our
clients with the highest level of legal services in the areas of retail and commercial debt collection,
bankruptcy, foreclosure, eviction, and secured creditor representation throughout New Jersey and
Southeastern Pennsylvania. We are committed to using a combination of a highly trained staff and the
latest technology to ensure that all matters are handled efficiently and effectively. Sklar ~ Markind
represents clients ranging in size from large national equipment leasing companies to small local retail
stores. We diligently pursue collection of past due retail and commercial accounts. In addition to claims
placed for litigation, our collection department handles pre-litigation collections and post-judgment
executions. Additional practice areas include bankruptcy (debtor and creditor representation and Chapter 7
Trustee practice), mortgage foreclosure, replevin, subrogation, and landlord-tenant.

Lloyd S. Markind [email protected]

Lloyd S. Markind is the owner of Sklar-Markind. Lloyd has more than 20 years experience in commercial
litigation and collections, with a concentration in the areas of equipment leasing, auto finance and banking.
Lloyd is a member of the New Jersey and Pennsylvania Bars, and is a graduate of Temple University and
the University of Tulsa School of Law.

Collection Practice in New Jersey

Statutes
Statute of Limitations
The statute of limitations for an action on an open account, an oral or written contract or promise to pay is
six (6) years. N.J.S.A. 2A:14-1.

Duration of Judgments
N.J.S.A. 2A:17-3: Issue of execution without revival of judgment. Execution may issue, without a revival of
the judgment, at any time within 20 years after its entry.

Domestication of Judgments
Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25 et seq.). Upon domestication, a
foreign judgment is treated as a New Jersey judgment. It requires an exemplified copy of the foreign
judgment, an affidavit or certification, and a $35.00 filing fee. Upon recording, the Clerk of the Superior

Court will issue a notice to the debtor informing him of the 14-day period to file objections to the judgment.
No execution of process may be made within the 14-day period. Forms and procedural requirements are
available online at http://www.judiciary.state.nj.us/prose/10519_docket_foreign_judgmts.pdf.

Bad Check Penalties:

N.J.S.A 2C:21-5 imposes criminal liability for the issuance of a bad check knowing that it will not be
honored by the drawee. The offense is:
(1) a crime of the second degree, if the check or money order is $75,000.00 or more;
(2) a crime of the third degree, if the check or money order is $1,000.00 or more but is less than
$75,000.00;
(3) a crime of the fourth degree, if the check or money order is $200.00 or more but is less than
$1,000.00;
(4) a disorderly persons offense, if the check or money order is less than $200.00.
Proof of fraudulent intent is not required, but the State must show that the defendant passed the check
knowing it would not be honored at that time.

N.J.S.A. 2A:32A-1 authorizes a civil action against the issuer of a bad check, who who then fails to pay
the face amount in cash or by cashier's or certified check within 35 days after the date a demand for
payment of dishonored check notice was mailed by or on behalf of a payee by certified mail to the maker's
last known address. The statute authorizes the award of court costs, attorneys fees and the costs of
mailing the demand for payment, along with damages equal to the greater of $100.00 or triple the amount
for which the bad check was drawn. Maximum damages may be no greater than $500.00 more than the
amount of the check.

Licensing and Bonding Requirements

Any person operating a collection agency or engaged in the business of collecting or receiving payment for
any sort of indebtedness must annually file a Collection Agency Bond Application, evidencing a $5000.00
bond with the New Jersey Division of Revenue. (New Jersey Fair Debt Collection Practices Act, N.J.S.A.
45:18 et seq.) Instructions, application form and further information can be found at the Division of
Revenue website. http://www.nj.gov/treasury/revenue/filecollagbond.shtml

Fair Debt Collection

In addition to federal legislation, New Jersey collection practice is subject to the restrictions of the New
Jersey Fair Debt Collection Practices Act (N.J.S.A. 4-18-1 et seq.).

Rules of Court: The New Jersey Rules of Court set forth the state Rules of Professional Conduct as well as
the rules controlling actions in the Superior Court. A complete copy of the Rules of Court, along with

appendices, is available on the New Jersey Judiciary website:

http://www.judiciary.state.nj.us/rules/index.html.

Filing and Process Fees and Procedures:

The Law Division and the Special Civil Part (amount in controversy under $15,000.00) are governed by
different Rules. Law Division filings are subject to the requirements of Part IV of the Rules of Court; Special
Civil Part filings are subject to the requirements of Part VI of the Rules of Court.

Special Civil Part forms, including a form of summons and post-judgment proceedings for information
subpoenas and writs of executions against wages and goods and chattels are available online in Appendix
XI to the Rules of Court. http://www.judiciary.state.nj.us/rules/index.html. Special Civil Part filing fees
include a fee for service of the complaint by the Special Civil Part court officer or clerk. Mileage fees for
personal service are listed at: http://www.judiciary.state.nj.us/civil/forms/10537_scp_mileage_list.pdf

Law Division forms, including summons, civil case information statement, writ of execution and writ of
wage execution are available online in Appendix XII to the Rules of Court.
http://www.judiciary.state.nj.us/rules/index.html.

Mandatory Electronic Filing for Certain Cases

Note that at this time, electronic filing of cases is only available in the Special Civil Part through the JEFIS
system, and only for civil suits (dockets beginning with DC-); foreclosure and landlord-tenant filings are not
available. JEFIS filing is mandatory for attorneys or firms that file more than 400 DC complaints per year.
http://www.judiciary.state.nj.us/jefis/index.htm; http://www.judiciary.state.nj.us/jefis/scp_dc.html

Service of Process
Special Civil Part: At the time the complaint is filed, the Clerk of the Special Civil Part issues a summons
and copy of the Complaint, which are served either by an officer of the Special Civil Part or, in many
counties, by mail.

Law Division: After receiving the filed complaint from the Clerk, the plaintiff's attorney prepares a summons
and serves the summons and copy of the complaint on the defendant in one of the following ways:
1.

By personal service. The complaint may be transmitted to the sheriff for service; however,

in New Jersey, personal service is usually effectuated by a process server. The complaint and
summons may also be personally served by the attorney or by any person who does not have a
personal interest in the litigation.
2.

By simultaneous mailing to the defendant's last known address by regular mail and

certified mail, return receipt requested. Service is presumed if the regular mail is not returned,
even if the certified mail is returned unclaimed or is refused.

Costs of Filing and Service: Superior Court of New Jersey

Additional fee information may be found online at:
http://www.judiciary.state.nj.us/forms/11112_courtfees.pdf
Law Division (over $15, 000)

Special Civil Part

(under $15, 000)

Special Civil Part

Small Claims
(under $3,000)

Complaint

$200.00

Complaint or other initial

pleading containing a
counterclaim,
cross-claim or thirdparty complaint in all
other civil actions
where the amount
exceeds the small
claims monetary limit
($50.00)+2.00 for each
additional Defendant

Complaint or other initial

pleading containing a
counterclaim,
cross-claim or thirdparty complaint in all
other civil actions
where the amount does
not exceed the small
claims monetary limit
($32.00) +2.00 for each
additional Defendant

Answer, Answer
w/ Cross-claim
or Motion (if first
paper)
Answer w
Counterclaim or
Third-Party
Complaint
Motion
Domestication of
Judgment
Writ of Execution
Papers Required
to Initiate Suit

$135.00

Filing Fees

$200.00

$30.00
$35.00
$5.00
Complaint
Summons for each defendant
(prepared by attorney)
Civil Cover Sheet (CIS)
Summons and CIS forms are
available on the New Jersey
Judiciary website:
http://www.judiciary.state.nj.us/r
ules/index.html

$35.00
$5.00
Complaint (Form A)
Summons (Form B:
prepared by attorney,
served by Special Civil
Part Clerk)
Special Civil Part forms
are available on the
New Jersey Judiciary
website:
http://www.judiciary.stat
e.nj.us/rules/index.html

$5.00

Special Civil Part clerk

handles mailed service;
Special Civil Part court
officer handles personal
service. Call the county

Special Civil Part clerk

handles mailed service;
Special Civil Part court
officer handles personal
service. Call the county

Service Requirements
Original Process

Personal service by Plaintiffs

attorney, process server, sheriff
(it is not required that original
process be served by the
sheriff, and it is in fact much

more time-effective to serve via

process server) or other adult
without personal interest in
litigation.
Alternately, by simultaneous
mailing by regular and certified
mail, return receipt requested.
(Mailed service may not be
adequate to support a judgment
by default.)
Sheriff:
Basic Summons is $24.00 plus
mileage ($22.00 (service fee) +
$2.00 (return fee) + mileage
Basic Writ: $50.00 plus mileage
$48.00 (service fee) + $2.00
(return fee) + mileage

in which action will be

filed to determine which
method will be used.

in which action will be

filed to determine which
method will be used.

Mailed service ($7.00

per defendant) or
personal service ($3.00
for first defendant, $2.00
for each additional, plus
mileage for each
defendant).

Mailed service ($7.00

per defendant) or
personal service ($3.00
for first defendant, $2.00
for each additional, plus
mileage for each
defendant).

20 days

20 days

Process Server: varies. Expect

approximately $40 to $60.
Time to Plead or
Defend:

35 days

Post Judgment Proceedings

Entry of Default
In the Special Civil Part, the Clerk automatically enters default against the defendant upon the expiration of
the 20-day period to file a response.

In the Law Division, after the expiration of the 35-day period for response, plaintiff or its attorney files a
Request for Entry of Default with the Clerk of the Law Division. The Request simply reads, "Please enter
upon the docket the default of Defendant XYZ for failure to plead or otherwise defend." The plaintiff must
submit a supporting affidavit which sets forth the date of service upon the defaulting defendant, that the
defendant has failed to plead or otherwise defend, and that the time for defendant to plead or defend has
not been enlarged or extended. Some counties will accept an attorney's certification in lieu of an affidavit,
but it is better practice to submit an affidavit to avoid returned filings.

Final Judgment by Default

Requests for final judgment in the Law Division must be filed separately from the request for entry of
default, after default has been entered on the docket. The request for final judgment must include a
certification stating with specificity the amount due and a certification that the debtor, if an individual, is not
in the military service of the United States, supported either by personal knowledge or by documentation
from the Department of Defense.

Rule 4:43-2(c) requires that the plaintiff or plaintiff's attorney serve a copy of the final judgment by default
upon the defendant. Service must be made within seven days of receipt, by ordinary mail.

Docketed Judgments (to assert a lien against real estate)

Law Division judgments for money damages are a lien against any real estate owned by the defendant in
the State of New Jersey. N.J.S.A. 2A:16-1. R. 4:101-1. The initial duration of the lien is 20 years, but may
be renewed for additional periods of 20 years. However, to create a lien, the judgment must be properly
docketed with the Clerk of Superior Court in Trenton. R. 4:47(a). Law Division judgments are submitted for
docketing to the Clerk of Superior Court. Special Civil Part judgments may also be docketed by requesting
a transcript and submitting the transcript to the Clerk's office. A docketed judgment is assigned a docket
number beginning with "DJ," which indicates a docketed judgment constituting a lien against real estate.
Special Civil Part judgments are effective as liens only when the Clerk enters a notation in the "civil
judgment and order docket." Brescher v. Gern, Dunetz, Davison & Weinstein, P.C., 245 N.J. Super.365,
369 (App. Div. 1991). Whether the judgment originates in the Law Division or the Special Civil Part, all
further proceedings on a docketed judgment are controlled by the Rules of the Law Division

Docketing Special Civil Part Judgment:

1. Request a transcript of the judgment from the Clerk of the Special Civil Part in the applicable
county. In some counties, the Clerk will prepare the transcript. In most counties, the attorney
prepares the form of transcript and sends it to the Clerk, who will sign and issue the transcript
to the attorney.
2. Complete and sign the bottom portion of the returned transcript, certifying the outstanding
balance due on the judgment, then send the transcript and the docketing fee to the Clerk of
the Law Division, Docketing Section, in Trenton.
3. The Clerk of the Law Division then dockets the judgment and assigns a new "DJ" docket
number. From the time the judgment is docketed, any further proceedings in the case are
subject to the same rules, policies and fees as a case regularly brought in the Law Division.

Writs of Execution
A Writ of Execution is issued by the Clerk and then delivered to the person responsible for execution. In
the Special Civil Part, the Clerk issues the writ and delivers it directly to a Court Officer of the Special Civil
Part, who will then handle the execution. In the Law Division and Chancery Divisions, the Writ is returned
to the creditor or its attorney, who must then forward the Writ and a copy of the Order granting the Writ to
the appropriate Sheriff's department. If the judgment debtor has property in more than one county, the
creditor may request multiple sealed Writs and may direct them to each such Sheriff. See N.J.S.A. 2A17-4.
N.J.S.A. 2A:17-11 indicates the process for resolving conflicts among competing Writs and the priority of
competing Writs.

N.J.S.A. 2A: 17-20 et seq.: The Court Officer, after receipt of a Writ of Execution with appropriate fees and
instructions, levies on the assets indicated, then files Return of Service with the Court. For levies on
personal property, the Return of Service includes an inventory of assets subject to the levy. See the statute
for requirements for appraising potentially exempt property and protecting exemptions due to the debtor.

Time to Execute
A Law Division Writ remains in effect for up to one year, and a Special Civil Part Writ for up to two years.
At the end of this time, the Writ must be returned satisfied, partially satisfied, or unsatisfied. However,
additional Writs may be issued at any time during the life of the judgment (20 years).

Execution Requirements and Exemptions

N.J.S.A. 2A:17-1 provides that the judgment creditor must first exhaust the personal property of a
judgment debtor by sale, execution, or exemption, before the creditor may cause a levy to be made on real
estate. A levy and sale of real estate is void if the creditor does not comply with this provision. Fainier v. I &
M Investments, 159 NJ Super 329 (Ch. Div. 1978), aff'd, 172 NJ Super 206 (App. Div. 1980), cert. denied,
84 NJ 473. Daeschler v Daeschler, 214 NJ Super 545 (App. Div. 1986).

Priority of Writs
N.J.S.A. 2A:17-13, Wolfson v Bonello, 270 NJSuper274, 287 (App. Div. 1994):
The first of several judgment creditors to levy on property has priority to proceeds from the sale of
property. However, if a creditor obtains a Writ of Attachment prior to another creditor obtaining a judgment
and a Writ of Execution, the creditor with the Writ of Attachment has priority to the proceeds of the sale. If
a court appointed professional has provided services pursuant to the court appointment, the court may
declare order that the professional have top priority to the proceeds of an execution.

Execution Sales
Contact the Sheriff of the county in question to determine whether the creditor or its attorney, or the Court
Officer, is responsible for preparing and delivering Notices of Sale to the Sheriff. The Sheriff advertises and
conducts the sale and is entitled to statutory fees under N.J.S.A. 22A:4-8. As a general rule, the judgment
creditor is responsible for the Sheriff's fee, but the fee may be shifted to the bidder-purchaser, provided
that the Sheriff's pre-sale advertising and the conditions of sale read or posted at the time of the sale
clearly indicate that the fee will be the bidder's responsibility, over and beyond the amount bid for the
property. See, e.g.,Howard Savings Bank v. Sutton, 246 N.J. Super 482, 484 (Ch. Div. 1990). Ten days
before the sale, the judgment creditor must provide notice of the sale, by certified mail, to every party who
has appeared in the action, to the owner of record of the property at the date of commencement of the
action (whether or not they have appeared), and to every person having any ownership or lien interest in
the property to be sold. R. 4:65-2.

Assets Subject to Execution; Exemptions

Cash: N.J.S.A. 2A:17-5.
Bank Accounts: Upon levy of a bank account, the bank will freeze the amount requested and the levying
officer will file return of service with the court specifying the amount frozen. In order to receive the funds
frozen, it is necessary to file a Notice of Motion for Turnover of Funds, providing notice to both the bank
and the judgment debtor. (The motion packet will include a Notice of Motion, a supporting Certification, and
a proposed Order for Turnover. Forms are available online at
http://www.judiciary.state.nj.us/prose/10547.pdf.) Note that the bank will not freeze the entire balance in
the debtor's account; the bank may withhold a reasonable fee for its work in processing the levy. All
American Auto Salvage v. Camp's Auto Wreckers, 146 NJ 15 (1996). Further, the levy is subject to change
upon reversal of any provisional credits that may be subsequently dishonored. DNI Nevada, Inc. v. MediPleth Medical Lab, Inc. 337 NJSuper 313 (App. Div. 2001)

Individual Retirement Accounts: IRAs were once subject, without limitations, to execution, being
considered a form of bank account. Following the 1993 Amendment of N.J.S.A. 25:2-1, "qualifying trust[s]"
are exempt from execution. N.J.S.A. 25:2-1(b). A "qualifying trust" is a trust created and maintained
pursuant to federal law, including IRAs and "Keogh Plans," as defined by 26 U.S.C.A SS 401, 408.

Public Assistance Monies: If received pursuant to Title 44, Chapter 8, public assistance monies may be
levied upon. If received pursuant to Title 44, Chapter 10, these monies are exempt from execution. Dover
Oil Co v. Sedor, 178 NJ Super 46 (App. Div. 1981)

Social Security: Monies paid pursuant to the Social Security statute are not "subject to execution, levy,
attachment, garnishment or other legal process." 42 U.S.C.A S407. Any monies in a bank account that
can be traced back to Social Security benefits are exempt from levy. See Philpott v. Essex County Welfare
Board, 409 US 413 (1973).

Exemptions: N.J.S.A. 2A:17-19 exempts from execution Goods and chattels, shares of stock or interests
in any corporation and personal property of every kind, not exceeding in value, exclusive of wearing
apparel, $1,000.00, and all wearing apparel generally are reserved for a judgment debtor's family use
before and after death. Additionally, Household goods and furniture not exceeding $1,000.00 in value of
a person shall also be exempt from attachment, except for a debt incurred in the purchase thereof.
N.J.S.A. 2A:26-4. Generally, disability benefits, sickness insurance policies, workers' compensation
benefits, and retirement benefits are generally exempt from execution. See, e.g., N.J.S.A.17:18-12, 34:1529, 43:21-15(c), 43:13-9, 37.5.

Wage Executions

The creditor must first serve the debtor, either personally or by simultaneous certified and regular mail,
with a Notice stating that application is being made for a wage execution and advising the debtor that the
debtor must, within ten days, notify the court of any objections and the reasons therefore. The Notice must
also indicate the limitations on the amount that can be levied pursuant to federal and state law. See 15
U.S.C.A SS1671-1677, N.J.S.A. 2A:17-50 et seq., N.J.S.A. 2A:17-57 et seq. A sample form of Notice is
available online at http://www.judiciary.state.nj.us/prose/10548_wage_exec.pdf. If objections are filed, the
court will schedule a hearing. However, if the creditor shows proofs adequate to satisfy the requirements of
the statute, the court does not have discretion to deny the wage execution. N.J.S.A. 2A:17-50.

The actual application for wage execution should not be filed with the court until thirteen (13) days after the
service of the Notice (the 10-day period plus three days for service by mail). If the debtor does not send
notice of objection to the creditor and to the court within ten days, the creditor may then file the original
Notice of Application for Wage Execution, along with a proof of mailing and a proposed Order for Wage
Execution, within thirty days of the date of service (or the date of hearing, if objection is received).

Wage executions are subject to the limitations set forth in NJSA 2A:17-56 (a):
In no case shall the amount specified in an execution issued out of any court against the wages,
debts, earnings, salary, income from trust funds or profits due and owing, or which may thereafter
become due and owing to a judgment debtor, exceed 10%, unless the income of such debtor shall
exceed 250 percent of the poverty level for an individual, taking into account the size of the
individual's family, in which case the court out of which the execution shall issue may order a
larger percentage.

Checks for "Payment in Full"

A debtor may offer a check marked "payment in full" for less than the actual amount of the obligation. If the
creditor negotiates a "payment in full" check, the debtor will be protected from any claim arising from the
outstanding balance of the obligation, provided certain conditions are met (N.J.S.A. 12A: 3-311):
1. There must be an unliquidated claim or a bona fide dispute as to the amount due.
2. The check itself or an accompanying letter or communication must clearly and conspicuously
state that the check is tendered in full satisfaction of a claim.
3. The check must be directed as designated by the creditor or to a party that has direct
responsibility with respect to the disputed obligation.

Selected Ethics Decisions and Case Law:

Sending collection letters on law firm letterhead constitutes the practice of law; therefore a Greco
disclosure may not be used, and attorney involvement must be measured in terms of compliance with the
Rules of Professional Conduct. http://consumerfsblog.com/wp-content/uploads/2012/06/n120530b.pdf
(Opinion 725, reaffirming ACPE Opinion 259, 96 N.J.L.J. 754 (June 21, 1973), and Opinion 506, 110

N.J.L.J. 408 (October 7, 1982), http://consumerfsblog.com/2012/06/nj-ethics-opinion-deems-sendingcollection-letters-as-the-practice-of-law/ .

A law firm may not purchase debts. Chulsky v. Husdon Law Offices, P.C., et al. Feb. 10, 2011.
http://law.justia.com/cases/federal/district-courts/new-jersey/njdce/3:2010cv03058/242560/16

In the U.S. District Court for the District of New Jersey. Findings: A provision in New Jerseys
Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq., prohibits a professional corporation from
engaging in any business other than the rendering of the professional services for which it was specifically
incorporated. N.J.S.A. 14A:17-9. The Court held that this provision makes it unlawful for a law firm to
engage in the business of purchasing and collecting debts under the umbrella of its professional practice.
Since the purchase of debt by a law firm was unlawful, a law firm that purchased a debt and instituted
collection suit upon it was therefore in violation of the FDCPAs provision against false
misrepresentation[s] or deceptive means in collecting a debt, as the firm misrepresented its ability to sue
upon the debt.

Please be advised that this is not intended as legal advice. Changes to laws, statutes, regulations and
costs can and do occur. We recommend that you contact an attorney for advice specific to your legal
matters and your state.
The National List of Attorneys, January 1, 2013