Legal Question in Credit and Debt Law in New Jersey

Re: Writ of Execution

The writ of execution was signed and sealed by the court at the plaintiff/judgment creditor's request after a judgment was entered against either your mother or both your parents; and it authorized the county sheriff to levy upon assets of the judgment debtor(s) located in Union County, including property located at the judgment debtor's(s') residence. The county sheriff may, if directed to do so by the judgment creditor's lawyer, schedule a public auction sale of levied personalty owned by the judgment debtor(s) (subject to State statutory exemptions) and turnover the cash proceeds to the judgment creditor to pay off the judgment and related fees and costs.

If there are no non-exempt assets of any significance, then it is possible that the judgment creditor is merely trying to intimidate your parents into a settlement, with no real intention, at least for now, to actually schedule an auction sale of the levied non-exempt personalty owned by the judgment debtor(s). Otherwise, the judgment creditor, though its counsel, may have a public auction sale scheduled -- though for the amount involved it might well be cost prohibitive; and in such a case your parents would receive prior notice anyway.

Perhaps efforts should be made now to settle the debt, perhaps with time payments. The judgment creditor can be made aware of the judgment debtor's(s') finacial condition and wherewithal; that should temper the judgment creditor's expectations and help toward a reasonable settlement. If a settlement is reached, the levy and underlying judgment should be released and discharged. I should think that the judgment creditor and his/its attorney would be receptive to some kind of settlement in lieu of enforcing the judgment through a sale of non-exempt personalty or otherwise enforcing the judgment.

There may be other facts pertinent to this issue not referred to in your question. For this reason, you may want to meet with and retain legal counsel. If you would like to further discuss the matter or require assistance, please feel free to call me at (973) 664-1090.