Legal Question in Landlord & Tenant Law in New Jersey

Collecting Judgment - apartments were sold.

I am using fake names for the businesses, to provide better clarity. I was awarded a judgement against an apartment complex, Happy Homes Apartments, after they had not returned my security deposit. I was awarded twice the deposit. They appealed twice - finally, judgment was made with prejudice. I was only awarded costs up until the first appeal. The final judgment was made over a year ago.

The judgment was made in the name of the apartment complex, not their agent/owner's name (i.e., the judgment was against Happy Homes Apartments, and not M.J. Block Inc. dba Happy Homes Apartments). The complex has since been sold. My attorney said that I can't ''go after'' Happy Homes Apartments and their new owners because the judgment was against Happy Homes when it was owned by M.J. Block.

I don't agree with him - but what can I do? My legal fees to my attorney have been astronomical and I don't believe his current information is accurate, and would prefer not to incur any more cost if possible. I want to get the money that has been awarded me - can I do this without his help? Can the Sheriff attach a Writ of Execution against the apartment complex itself?

Please advise.

Kind regards.


Asked on 9/26/05, 3:53 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Collecting Judgment - apartments were sold.

To answer your first question, it is not clear whether you could do this or not. You may be able to, but I can not tell without looking at the documentation.

To ask a question of you: how is it possible for a competent attorney who was paid 'astronomical' fees to allow you to get a worthless judgment? You need to sit down with another attorney and ALL of the paperwork, and get a clear and reliable 'second opinion'. Something is really wrong here.

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Answered on 9/26/05, 4:23 pm


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