New Jersey USLegal Pamphlet on Writ of Mandate

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Multi-State
Control #:
US-PMPH-12
Format:
Word; 
Rich Text
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Description

This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.

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FAQ

A Writ of Execution tells the sheriff or a process server to send out the bank levy. You can't levy a bank account without one. The bank levy tells the bank to give the money to the sheriff for you. Writs expire after 180 days.

The writ of replevin While in some states you can initiate a replevin without a hearing, New Jersey requires a court ruling to reclaim property by court order. The court will give the party in possession of the property at least three days notice during which they can file affidavits and cross-motions.

All Writs of Possession must have a filing fee of $50 payable to the Treasurer, State of New Jersey, be dated and have an original, ink signature. Copies, if submitted, will be returned. With limited exceptions, any paper filed with the court can be looked at by the public.

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

When you file an objection to a bank account levy, you must file the following documents: Certification in Objection to Levy ? Certification of Service; and ? Three months of prior bank statements for the account that was frozen (levied). an objection to a wage garnishment.

An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.

A bank levy is when a sheriff is authorized to take funds from the debtor's bank account(s) to pay you. The first step in this process is to complete a bank levy writ of execution. For awards from civil cases with ?J? docket numbers, send the writ to the Civil Division Manager in the county where the case was filed.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In New Jersey, a judgment lien can be attached to real estate only (not personal property).

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New Jersey USLegal Pamphlet on Writ of Mandate