EZRCP · New Jersey · Part 4 - Civil Practice · R. 6:6-7

R. 6:6-7. — Issuance by Clerk of Certificate of Satisfaction of Judgment

New Jersey · Part 4 - Civil Practice

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Rule text

In cases where a judgment debtor has fully satisfied a judgment, but the clerk has not entered satisfaction on the record pursuant to R. 4:48-2(a) because either the party receiving full satisfaction has not given a warrant for satisfaction or no execution issued on the judgment has been returned fully paid, the judgment debtor may make written application to the clerk for the issuance of a certificate of satisfaction of judgment. Upon receipt of such written application along with proof of payment, the clerk shall send to the attorney for the judgment creditor or the judgment creditor, if pro se, a letter setting forth that the judgment debtor has filed a written application seeking the issuance of a certificate of satisfaction of judgment and that said certificate will be issued within 10 days, unless written objection is received by the clerk with a copy sent to the judgment debtor. The letter sent by the clerk shall include a copy of the written application and proof of payment filed by the judgment debtor. If no objection is received within 10 days from the date of the letter, the clerk shall issue the certificate of satisfaction of judgment to the judgment debtor and enter satisfaction on the record. If an objection is received, the clerk shall set the matter down for a hearing and notify all parties as to the date of the hearing.

Notes

Note: Adopted as Rule 6:6-5 November 7, 1988 to be effective January 2, 1989; redesignated as Rule 6:6-6 July 18, 2001 to be effective November 1, 2001; redesignated as Rule 6:6-7 July 12, 2002 to be effective September 3, 2002.