N.j. Ct. R. 6:7-4

As amended through April 29, 2024
Rule 6:7-4 - Chattel Executions; Time at Which Levy Can be Made; Accrual of Interest, Credits and Costs
(a)Personal Property Within Residential Premises. Levies on personal property located within residential premises can be made only between the hours of 6:00 a.m. and 10:00 p.m., unless otherwise permitted by court order, which may be sought by ex parte application.
(b)Other Personal Property. Levies on other personal property may be made at any time, but a Special Civil Part Officer may be required to levy on such property outside the hours of 6:00 a.m. to 10:00 p.m. only if the property cannot be levied on between the hours of 6:00 a.m. and 10:00 p.m.
(c)Accrual of Interest. The judgment creditor or judgment creditor's attorney who seeks to recover interest that has accrued subsequent to issuance of the execution must file an affidavit or certification with the Office of the Special Civil Part setting forth the amount of accrued interest. A copy of the affidavit or certification shall be sent by ordinary mail and by certified or registered mail, return receipt requested, by the judgment creditor or judgment creditor's attorney to the judgment debtor at the judgment debtor's last known address and by ordinary mail to the court officer to whom the writ of execution has been assigned. The affidavit or certification shall state that the interest and the court officer fees thereon have been imposed pursuant to R. 4:42-11 and must be collected in accordance with that rule by the officer. The court officer shall give the judgment creditor or judgment creditor's attorney at least 30 days' notice of intention to return the chattel execution. The affidavit or certification shall be filed with the Office of the Special Civil Part prior to the return of the execution by the court officer. An affidavit or certification filed subsequent to the return of the execution shall be returned by the Office of the Special Civil Part to the judgment creditor or judgment creditor's attorney with a notation or notice that the execution has been returned.
(d)Accrual of Credits and Costs. The judgment creditor or the judgment creditor's attorney who seeks to amend an active chattel execution to adjust for credits received or to recover taxed costs set forth in R. 1:43 that may have accrued subsequent to issuance of the chattel execution must file an affidavit or certification with the Office of the Special Civil Part setting forth the amount of credits received or costs accrued. A copy of the affidavit or certification shall be sent by ordinary mail by the judgment creditor or judgment creditor's attorney to the judgment debtor at the judgment debtor's last known address. The affidavit or certification shall be filed with the Office of the Special Civil Part prior to the return of the execution by the court officer and prior to the execution's expiration date. An affidavit or certification filed subsequent to the return of the execution or subsequent to the execution's expiration date shall be returned by the Office of the Special Civil Part to the judgment creditor or judgment creditor's attorney with a notation that their request to amend the chattel execution is denied because the execution is no longer active.

N.j. Ct. R. 6:7-4

Adopted July 12, 2002 to be effective 9/3/2002; caption amended and new paragraph (c) adopted July 28, 2004 to be effective 9/1/2004; paragraph (c) amended July 19, 2012 to be effective 9/4/2012; caption amended, paragraph (c) amended and new paragraph (d) adopted July 31, 2020 to be effective 9/1/2020.