Legal Question in Landlord & Tenant Law in New Jersey

I will assume that what you are describing is that the sheriff served a levy on the rental income, either by serving your husband or serving the tenant. As a last resort, your husband can consider filing a bankruptcy petition. The advisability of that would depend on if he had any other debt and what the total of his debts are. If these are his only debts, then I would not advise a bankruptcy as it would appear to be overkill under the circumstances. You can negotiate with the creditor and perhaps offer to voluntarily remit some, but not all, of the $800/month. This way the creditor will get something each month and it won't destroy your budget. You would also threaten bankruptcy to get the creditor to agree. If they won't agree, you can make a motion to ask a judge to order that only a portion of the rent should be susceptible to levy. If the judge does not agree, then you can consider the bankruptcy, which would be designed to wipe out the debt and get rid of the levy. My thoughts as stated above are only based on the limited and incomplete information I have been given in your posting.

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