Detailed Answer
Under New Jersey law, an affidavit of collection documents your legal right to seize or recover personal property after you obtain a judgment or enforce a contractual remedy. To validate and certify this affidavit, follow these key steps.
- Draft the affidavit. Identify the parties and case number (if based on a court judgment). Describe the property with specific details (serial numbers, model, location). State the factual basis for collection, such as a default under a security agreement or a court judgment authorizing repossession.
- Swear the affidavit before a notary. Sign the affidavit in the presence of a New Jersey notary public. The notary must follow NJ Court Rule 1:4-1 for acknowledgment and use an official seal (Rule 1:4-1).
- File the affidavit with the court. Take the original notarized affidavit to the Superior Court clerk in the county where enforcement occurs. If you are enforcing a judgment, attach the writ of execution per NJ Court Rule 4:62 (Rule 4:62).
- Serve interested parties. Deliver a certified copy of the filed affidavit to the debtor and any third parties holding the property within the time frame required by NJ Court Rule 4:4 (Rule 4:4). Proper service ensures the affidavit’s enforceability against the holder of the property.
- Obtain a certified copy. Request a certified copy or exemplified transcript from the court clerk or county clerk. Pay any statutory fees. The certification serves as official proof of the affidavit’s filing and your right to collect.
- Present the certified affidavit to an enforcement officer. Give the certified affidavit and writ of execution to a sheriff or authorized levying officer. The officer uses these documents to locate and remove the nonexempt personal property.
- Keep records. Retain copies of the affidavit, proof of service, and the officer’s return of service or inventory. These documents protect your interests and comply with recordkeeping rules.
Hypothetical example: Suppose you received a Superior Court judgment granting you the right to reclaim a commercial printer from a former customer. You prepare an affidavit stating the judgment details, describe the printer, swear the affidavit before a notary, file it with the court clerk, serve the debtor, and obtain a certified copy. Finally, you present the certified affidavit and writ to the sheriff to collect the printer.
Helpful Hints
- Confirm the property description is accurate and detailed.
- Check the notary’s commission expiration date before signing.
- Use certified mail or a professional process server for proof of service.
- File timely to avoid the statute of limitations on enforcing a judgment (20-year period).
- Keep a complete file with originals and certified copies for future enforcement or sale.
- Consider consulting an attorney if complex third-party rights or exemptions arise.
Disclaimer: This article provides general information only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.