Legal Question in Credit and Debt Law in New Jersey
superior court special cival part
If a judgement is made and a special civil part officer is assighned to seize money, wages,and or personal property,would this include server tips?
also what and how is personal property determined?
2 Answers from Attorneys
Re: Superior Court Special Civil Part
Every order of a court needs to be treated separately according to its specific terms. If the words in your question are a quote from an order, then "money" would include tips as they are earned. An argument could be made that a reserve for income taxes should be excepted, but it is not likely that a sheriff would draw that distinction and it might be necessary to go back to court if that was a big issue.
In the context of enforcement of a judgment, "personal property" is all property other than real property (land and things permanently attached to the land).
Re: superior court special cival part
Tips is income, but I will frankly admit I have never had to fight over this issue and never researched it.
Let me point out something else: if you are trying to keep the Constable from seizing your tips, then you are in pretty desperate financial condition. You really should talk to an attorney about options to deal with your debts, bankruptcy or other options. You do not just want to have this hanging over your head all the time, it is no good way to live.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. The consultation may be free, speak to me and I will let you know ahead of time.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.