Bank Executions*

New Jersey law permits judgment creditors to levy upon a judgment debtor's personal property in the possession of third parties. Typically, this involves a levy upon a bank account (although we can--and do--levy upon commissions due, rents due, etc.).

Our office prepares a writ of execution setting forth the name and location of the bank account to be levied upon, and includes--whenever possible--the account number of the defendant's account. After the writ is processed by the court, it is issued to a court officer, who will then go to the defendant's bank and serve the execution.

If a successful levy is made, the court officer or sheriff sends us an affidavit of levy setting forth the date and amount of the monies attached. The judgment debtor's account is "frozen" up to the amount levied upon; these monies are now unavailable to the judgment debtor.

A copy of the court officer's affidavit is sent to our office, whereupon we must file a motion for a "turn over" order--a court order directing the bank (or other third party) to turn over the monies levied upon to the court officer or sheriff. Once the court officer receives a filed copy of the court order, he or she recovers the monies from the bank (or other third party) and remits the same to our office.


^{*DISCLAIMER: We have tried to make this information as accurate as possible however, we make no representations or warranties as to the same. All information should be verified by consulting appropriate sources. These materials are not intended as legal advice; they are for informational purposes only. Consult an attorney for legal advice.}