Congratulations! You’ve won a lawsuit in New Jersey. But, you’re not done yet. The next step is enforcing judgment, or collecting a judgment in NJ. You’re now the creditor, and if the debtor refuses to pay, your victory affords you many New Jersey debt recovery methods that can secure what you’re owed.
The process of enforcing a money judgment in New Jersey involves using legal tools such as wage garnishment, bank levies, and property liens. This guide explains each step in detail—how to get a writ of execution, locate assets, and recover payment efficiently while staying within state law.
If you’re on the other side of the situation, you might also want to understand what to do if there’s a judgment against you.
Quick Answer: What Enforcing Judgment Means in New Jersey
If you’ve won a lawsuit but still haven’t been paid, here’s a quick summary of how to enforce a judgment in NJ court and what to expect from the process.
In New Jersey, enforcing judgment means using court-approved methods to collect money after a ruling. Creditors can pursue wage garnishment, bank levies, property liens, or asset seizures to recover payment. They may also issue information subpoenas to locate assets. Judgments remain enforceable for up to 20 years, and liens prevent property transfers until debts are paid in full.
Understanding How Enforcing Judgment Works
When you win a case, the court issues a judgment confirming the debtor owes you money. But that money still needs collecting. You, the judgment creditor, must take action against the judgment debtor using specific legal remedies.
The New Jersey judgment enforcement process usually begins with a writ of execution, which authorizes the sheriff to seize assets or income. From there, several enforcement options are available under state law.
To better understand how these procedures differ across jurisdictions, see what judgment enforcement is and how it works.
Step 1: Filing for a Writ of Execution to Start Collection
To begin enforcing judgment, apply for a writ of execution. This document empowers the sheriff to collect money or property from the debtor.
You can request it from:
- The Civil Division Manager’s Office for “J” docket cases.
- The Superior Court Clerk’s Office in Trenton for “DJ” docket cases.
Submit the filing fee of $50 and include the debtor’s information and case details. Once issued, you can proceed with one or more enforcement methods.
Step 2: Choosing the Best Way to Enforce a Judgment
Wage Garnishment: How to Collect from a Debtor’s Paycheck
If the debtor earns more than $217.50 per week, the courts can order a wage garnishment.
Process:
- Send a Notice of Application for Wage Execution by regular and certified mail.
- File proof of service with the Civil Division Manager’s Office.
- If no valid objection arises, the sheriff delivers the order to the employer.
The employer must withhold some wages and send the money directly to the sheriff. Exempt income includes Social Security, SSI, veterans’ benefits, welfare, and unemployment.
Bank Levy: How to Seize Money from a Debtor’s Account
A bank levy allows direct seizure of funds straight out of the debtor’s bank account.
Steps for enforcing judgment this way:
- Provide the bank name, address, and last four digits of the account.
- Submit the writ of execution and sheriff’s fee.
- The sheriff freezes the funds, then you file a motion to turn over funds.
Once the judge signs the order, the sheriff withdraws the money and transfers it to you.
Seizing Vehicles and Personal Property for Payment
If the debtor owns valuable assets, you may allow the sheriff to seize them. This can include:
- Cars registered in the debtor’s name.
- Jewelry, business equipment, or electronics.
- Other high-value personal property.
To target vehicles, get a certified title or lien search. Debtors may keep $1,000 of personal property and clothing. Anything beyond that can be sold to pay the debt.
Selling Real Estate to Enforce a Judgment
For larger debts or cases of enforcing a money judgment in New Jersey, the process may involve selling the debtor’s real estate.
This route is more expensive, requiring:
- A title search and public sale notice.
- Sheriff’s sale publication fees.
- Professional help from a lawyer or title agent.
There’s a lot of money and legal complexity here. Many creditors hire an attorney to help with this process.
Step 3: Finding the Debtor’s Hidden Assets
Knowing where the debtor holds their money or property is key to effective judgment enforcement.
Using an Information Subpoena to Locate Money and Property
An information subpoena compels the debtor to disclose details like:
- Employer and income information.
- Bank accounts and property ownership.
- Business relationships or partnerships.
Serve the subpoena via regular and certified mail and request a return receipt. The debtor must reply within 14 days or risk contempt of court. If needed, you can issue another subpoena after six months or request permission for more frequent use.
Court-Ordered Discovery When a Debtor Won’t Cooperate
If the debtor fails to cooperate, request a court order for discovery. This compels the debtor, or anyone with relevant financial information, to appear and answer questions under oath.
You must serve the order at least 10 days before the scheduled appearance. Failure to appear can lead to fines or contempt proceedings.
Step 4: Enforcing Out-of-State Judgments in New Jersey
If your judgment is from another state, you can still begin enforcing judgment in New Jersey.
Send the following to the Superior Court Clerk’s Office in Trenton:
- A certified copy of the judgment with the issuing court’s seal.
- An affidavit verifying your creditor status.
- A $35 filing fee payable to Treasurer, State of New Jersey.
Once docketed, you can use the same enforcement options available to in-state judgments.
You can also explore how other jurisdictions handle similar cases in Can You Collect on an Out-of-State Judgment in NYC?.
Step 5: Renewing or Recording a Judgment Lien for Long-Term Recovery
A judgment is enforceable for 20 years, but certain writs expire after two years. When enforcing judgment over time, you can:
- Request a new writ of execution to restart collection efforts.
- Record the judgment as a lien on real property.
A lien ensures your payment if the debtor sells or refinances property. It also prevents them from transferring ownership without satisfying the debt.
Common Filing Fees
Action | Validity | Fee |
Writ of Execution | 2 years | $50 |
Record Judgment Lien | 20 years | $35 |
Warrant to Satisfy Judgment | Until paid | $50 |
Record Foreign Judgment | Permanent | $35 |
Checks or money orders must be made payable to the Treasurer, State of New Jersey.
Step 6: Adding Interest, Costs, and Fees While Enforcing Judgment
When enforcing judgment, interest continues to accrue until payment is complete. New Jersey’s post-judgment interest rate is set every year by the courts and guarantees the creditor’s compensated for their time.
Creditors can also recover certain costs of enforcement, such as sheriff’s fees, title search charges, or publication costs. Keeping clear records of every expense ensures you can add them to the final amount owed.
If a judgment remains unpaid after 20 years, you may request renewal before expiration to sustain your right to collect.
Step 7: Satisfying a Judgment and Officially Closing the Case
Once the debt is paid, file a Warrant to Satisfy Judgment with the court. This clears any liens and updates the record.
Failing to file this warrant can hurt the debtor’s credit and lead to penalties. Always complete the process through the Superior Court Clerk’s Office where the case originated.
If you’re facing a collection effort, see Strategies for Judgment Enforcement Defense for practical ways to protect your rights.
Advanced Judgment Enforcement Strategies That Work
Experienced creditors use extra tactics when enforcing judgment.
- Asset and Skip Tracing Professionals can locate hidden accounts, real estate, or employment using credit reports and public records.
- Third-Party Discovery If someone owes the debtor money, such as a business partner or tenant, the court may order those funds redirected to you.
- Settlement Agreements Negotiating payment plans or lump-sum settlements can be faster and cheaper than continuous enforcement.
Real-Life Example of Enforcing Judgment Successfully
Let’s say a small contractor in Newark wins a $25,000 judgment against a former client who never paid.
- The contractor files for a writ of execution with the Civil Division.
- After confirming the debtor’s employer, the sheriff begins wage garnishment.
- The debtor switches jobs and stops paying, so the creditor issues an information subpoena to locate new income sources.
- Discovering a personal vehicle and savings account, the creditor requests a bank levy and vehicle seizure.
- Within months, partial payments and asset sales pay off the debt.
Common Debtor Defenses and What Creditors Should Expect
Debtors facing enforcement can raise certain defenses, such as:
- Proof of full or partial payment.
- Improper service of legal documents.
- Exemption claims for protected income.
Creditors should prepare for these challenges to avoid delays. Debtors should seek counsel to corroborate their rights are respected throughout the enforcement process.
Legal Disclaimer: Why Professional Guidance Matters
This article provides general information about enforcing judgment in New Jersey and should not be taken as legal advice. Every case has unique facts that can affect outcomes. Creditors and debtors alike should consult a New Jersey judgment enforcement attorney for case-specific guidance.
Professional legal support verifies every filing, motion, and levy complies with state law and that your rights remain fully protected.
Key Takeaways on Enforcing Judgment in New Jersey
- Enforcing judgment requires active creditor involvement.
- A writ of execution is the foundation for collection.
- Methods include wage garnishment, bank levies, liens, and property seizure.
- Judgments last 20 years and may be renewed.
- Interest accrues until payment is complete.
- Information subpoenas and third-party discovery expose hidden assets.
- Legal representation simplifies enforcement and protects both parties.
Enforcing Judgment Effectively and Legally in New Jersey
Collecting a judgment in NJ takes time, persistence, and legal precision. From bank levies to wage executions, the state offers many debt recovery options to help creditors collect court-ordered payments.
While the New Jersey Courts provide forms and procedural guidance, professional help can improve the process. Working with an experienced judgment enforcement lawyer or debt recovery attorney can save time and help your filings meet all state requirements.
To dive deeper into multistate cases, read Navigating Judgment Enforcement Law in New Jersey and New York.
With persistence and the right legal strategy, enforcing judgment and collecting a court award in New Jersey can turn a paper victory into real financial recovery.
Resources
NJCourts.gov – Collecting Money in a Civil Case