Legal Question in Wills and Trusts in New Jersey
uncollected lien party passed away
i won a case 15 years ago in court for a large sum of money.The party i found has died. my lawsuit was in freehold nj. how do i go about collecting this debt from his estate? also if he put all his assets in someone elses name how do i recover that money?
2 Answers from Attorneys
Re: uncollected lien party passed away
A properly docket judgment in the Superior Court of New Jersey consitutes a lien against land owned by the defendant at the time of its entry and at any other subsequent time prior to his death. The judgment lien runs with the land and not with the person. Anyone buying liened land is also acquiring a lien against the property which can be foreclosed against. If he owned land at some time after the entry of your judgment
you can show up and collect from the current owner of the land.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: uncollected lien party passed away
I agree with Gary, plus you have a claim against all assets of the estate, not just real estate, so you should file your claim with the Executor. There is possible recourse for transferred assets, under the transfer in fraud of creditor laws. With the passage of time making a claim against the transferee of the assets may be difficult. I suggest retraining a good creditor rights attorney to assist you.