After a creditor files a lawsuit in order to collect money owed from a debtor and wins a judgment against the debtor, the creditor often anticipates that the debtor will pay what is owed. However, it is often necessary for creditors who win judgments against debtors to consider options for enforcing the judgment when the debtor has not paid in a timely manner. To be clear, a creditor winning a judgment against a debtor is not the same thing as actually receiving money from a debtor.
Rather, a judgment says that a creditor is owed money from the debtor, but the creditor may need to take steps in order to enforce the judgment. Enforcing the judgment means the creditor takes action to actually receive the money that the debtor was ordered to pay in the judgment. One way of enforcing a judgment is for the creditor to ask the court for a writ of execution, which the court can then grant so that the debtor’s property can be levied by the creditor in order to obtain the money owed.
Whether you are a creditor seeking to enforce a judgment or a debtor against whom a judgment is being enforced, you may be wondering: how long is a writ of execution good for in New Jersey? In order to understand how the writ of execution works and how long it lasts, it is important to learn more about a writ of execution under New Jersey law. Our writ of execution NJ lawyers can say more.
What is a Writ of Execution?
We generally explained what a writ of execution does, but we want to provide you with additional information in order to clarify how long the order lasts in New Jersey. According to Thomson Reuters, referencing N.J.. R. 4:59-1(a), a writ of execution is an order that will “direct a county sheriff’s office to levy against property to satisfy a money judgment or order,” and it is “the primary method parties use to collect against a money judgment or order.” A writ of execution can direct a sheriff to levy different types of property, and the type of property levied through the writ of execution can impact how long the writ of execution lasts. The types of property that can be levied with a writ of execution in New Jersey include but are not limited to:
- Bank account;
- Personal assets (in excess of $1,000);
- Motor vehicle; and
- Equity in real estate.
Length of Time for a Writ of Wage Execution in New Jersey
Generally speaking, in terms of the length of time that a writ of execution can last or is good for, writs of execution are divided between those for wages and those for other assets. A writ for wage execution in New Jersey is essentially a writ for wage garnishment. According to the New Jersey Courts, writs for wage executions can often last up to 20 years. That means the writ for wage execution can allow a creditor to continue garnishing a portion of the debtor’s paycheck for up to 20 years until the debt owed has been repaid.
However, other writs of execution have a much more limited timetable.
Two-Year Timetable for Other Writs of Execution
When a writ of execution is used to levy assets other than a party’s wages, then the writ of execution is usually good for only two years. After two years are up, the writ of execution will expire.
After a writ of execution expires, the creditor may have a couple of different options if the debt still has not been paid. In many cases, the creditor can request a new writ of execution, which will require making a request with the court just as they did previously. Or in some cases, it may be possible to obtain a lien against the debtor’s real property in order to prevent the debtor from selling the property without paying off the debt owed. If you have questions about what to do after a writ of execution expires, a NJ collections attorney can help you.
Contact a NJ Collection Attorney Today
If you have any questions about obtaining a writ of execution, if you have questions or concerns about the length of time a specific writ of execution will last, or if you need more information about steps to take after a writ of execution expires, you should seek advice from an advocate who can help you. The experienced New Jersey collections lawyers at our firm can evaluate your circumstances and provide you with more information today. Contact Snellings Law LLC for more information.