This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Lien On Personal Property For Probate In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-0025LTR
Format:
Word;
Rich Text
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FAQ
The statute of limitations on a judgment is 20 years – not six. Further, a creditor can renew the judgment. Also, he said, there is an exception to NJ Statute of Limitation law. “The six-year statute of limitation does not apply to contracts between merchants or a sale of goods under NJ's Commercial Code.
Judgments in New Jersey remain in effect for 20 years and may be renewed for an additional 20 years by filing a motion in the Superior Court, Law Division, Civil Part and/or in the Special Civil Part if the Special Civil Part case was assigned a DJ or J docket number.
The plaintiff can request a default judgment in their favor if the defendant receives the complaint and fails to respond in the time allowed.
Ing to New Jersey law, specifically N.J.S.A. 2A:16-1, to form a lien with this judgment, the creditor must record the judgment with the county clerk or the registrar of deeds in any New Jersey county where the debtor owns property now or may own property in the future.
If the decedent has assets solely in his/her name at the time of death then the Will must be probated regardless of the value of the estate. You probate in order for the named executor in the Will to be given the authority to transfer the assets both real and personal to the estate.
The state only requires you to probate a will if there are probate assets included. A probate asset is one that does not already have a beneficiary designation through other means. In some very simple estates, you can avoid probate simply by designating a beneficiary on your bank account and life insurance.
If there are no claims against the estate within nine months of the death of the deceased, the executor can distribute the assets to beneficiaries and issue a declaration of discharge. So, nine months is essentially the minimum timeline for settling estates valued at over $20,000 in New Jersey.
New Jersey law also provides for simplified probate procedures for estates that fall below a certain monetary threshold: $50,000 if you are a surviving spouse or domestic partner, and $20,000 if you are the heir of an estate and there is no surviving spouse or domestic partner.
The probate process is initiated with the presenting of the original Will together with a certified copy of the death certificate and list of heirs at law to the Surrogate by the named executor.
Who is considered next of kin? We require spouse and children to be listed. IF decedent has a child who predeceased him or her and that child produced grandchildren, the those grandchildren must be listed. IF there is NO spouse or children, you would list the decedent's parents.
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Request to have the judgment recorded as a lien against any real estate the debtor owns. According to New York law, you can attach a judgment lien to your debtor's real estate, whether they own a freestanding house, a condo, or land.To attach the lien, the creditor files the judgment transcript with the county clerk in the New York county where the debtor's property is located. Liens come in many forms but look for any entries with a document type like LIEN, ATTACHMENT, EXECUTION, or TAKING then read the document. All jointly held personal and real property is exempt from the probate process. In the case of estate held property, a claim of lien will force those assets into a probate proceeding. To attach the lien, the creditor files the judgment transcript with the county clerk in the New York county where the debtor's property is located. The person who purchased the lien will receive a legal document referred to as a "tax certificate" which must be recorded with the Middlesex County Clerk. The Superior Court Rules as organized herein were first published in the Connecticut Law. Journal dated July 29, 1997.
