Fill - Free fillable How To File A Motion To Turn Over Funds (NJ Judiciary) PDF form

Revised 06/15/2018, CN 10547 page 1 of 10

Civil - SCP

How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

June 15, 2018

How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

(Motion to Turn Over Funds)

(Superior Court of New Jersey - Special Civil Part)

A MOTION is a written request which asks the court to issue an order, or to change an order it has already

issued.

Who Should Use This Packet?

You may use this packet

if you want to file a Motion to Turn Over Funds that have been levied by a Special

Civil Part Court Officer and frozen by a Bank.

You cannot use this packet until the debtor’s funds have been

frozen. You can talk to the court about freezing a debtor’s fu

nds.

General Requirements:

When you file a motion to order a bank to turn over funds that have been frozen, you have to file all of the

following papers contained in this packet

1. Notice of Motion

2. Certification of Service

3. Certification of Levy

4. Notice to Debtor

5. Turn Over Order

Funds cannot be turned over until twenty (20) days after the date the levy was made by a Special Civil Part

Court Officer. The Court Officer must provide you with a completed Certification of Levy and a Notice to

Debtor form which ex

plains this process in more detail.

Your motion must be properly completed and served upon all parties involved in the case. Any one of the

parties can respond to your motion within 10 days

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented

litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and

court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary’s Internet site

njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you are

filing your case. A list of Superior Court Offices is provided at the customer counter or at njcourts.gov.

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 2 of 10

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea

to get a lawyer if you can. The law, the proofs necessary

to present your case, and the procedural rules governing

cases in the Law Division, Civil Part are complex. Since

valuable claims or potentially heavy judgments may be

at stake, most litigants appearing in the Law Division,

Civil Part have a lawyer. If you are being sued, please

contact your insurance company to see if they might

provide a lawyer for you. Most likely your opponent

will be represented by a lawyer. It is recommended that

you make every effort to obtain the assistance of a

lawyer. If you cannot afford a lawyer, you may contact

the legal services program in your county to see if you

qualify for free legal services. The telephone number

can be found online or in your local yellow pages under

“Legal Aid” or “Legal Services.”

If you do not qualify for free legal services and need

help in locating an attorney, you can contact the bar

association in your county. That number can also be

found in your local yellow pages. Most county bar

associations have a Lawyer Referral Service. The

County Bar Lawyer Referral Service can supply you

with the names of attorneys in your area willing to

handle your particular type of case and will sometimes

consult with you at a reduced fee. There are also

organizations of minority lawyers throughout New

Jersey, as well as organizations of lawyers who handle

specialized types of cases. Ask your county court staff

for a list of lawyer referral services that include these

organizations.

If you decide to proceed without an attorney, these

materials explain the procedures that must be followed

to have your papers properly filed and considered by the

court. These materials do not provide information on the

law governing your claims or defenses; information on

how to conduct pretrial discovery; information on

alternative dispute resolution procedures, such as

arbitration or mediation, that may be available or

required in your case; information on the kinds of

evidence you need to prove your claims or defense at

trial; or information on other procedural and evidentiary

rules governing civil law suits.

What You Should Expect If You Represent

Yourself

While you have the right to represent yourself in court,

you should not expect special treatment, help or

attention from the court. The following is a list of some

things court staff can and cannot do for you. Please read

it carefully before asking court staff for help.

• We can explain and answer questions about how the

court works.

• We can tell you what the requirements are to have

your case considered by the court.

• We can give you some information from your case

file.

• We can provide you with samples of court forms

that are available.

• We can provide you with guidance on how to fill out

forms.

• We can usually answer questions about court

deadlines.

• We cannot give you legal advice. Only your lawyer

can give you legal advice.

• We cannot tell you whether or not you should bring

your case to court.

• We cannot give you an opinion about what will

happen if you bring your case to court.

• We cannot recommend a lawyer, but we can provide

you with the telephone number of a local lawyer

referral service.

• We cannot talk to the judge for you about what will

happen in your case.

• We cannot let you talk to the judge outside of court.

• We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep copies of all completed forms and

documents related to your case.

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 3 of 10

Definitions of Words Used in This Packet

Adversary - An adversary is a party whose interests are opposed to or opposite the interests of another party.

Certification of Levy - A certification of levy is a document which verifies that a levy has been made on a

bank account. (See definition of levy below.)

Defendant - The defendant is the person (party) against whom the court action (complaint) was filed.

Docket Number - The number the court assigned to this case when the complaint was filed. The docket

number is listed on the complaint and answer.

File - To file means to give the appropriate forms and fee to the court to begin the court’s consideration of

your request.

Judgment - A judgment is the official decision of a court in a case.

Judgment Creditor - The judgment creditor is the party to whom money is owed.

Judgment Debtor - The judgment debtor is the party who owes money.

Levy - A levy means obtaining money by legal process by seizing the judgment debtor’s property which is

taken to secure or satisfy a judgment.

Motion - A motion is a written request in which you ask the court to issue an order, or to change an order it

has already issued.

Oral Argument - Personally appearing in court to explain what you want the court to do.

Order to Turn Over Funds - An Order to Turn Over Funds is a signed paper from the judge telling

someone they must pay money to someone else.

Party - A party is a person, business or governmental agency involved in a court action.

Plaintiff - A plaintiff is the person (party) who started the court action by filing the complaint.

Return Date - Return Date is the date the plaintiff and defendant are ordered to appear in court.

Service - - Service is the mailing or delivering copies of your papers to the lawyer for the other party or to the

other party if there is no lawyer.

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 4 of 10

The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be

typed or printed clearly on 8 ½ “x 11” white paper only. Forms may not be filed on a different size or color paper.

Steps to File a Motion to Turn Over Funds in the Special Civil Part

STEP 1: Fill out the Notice of Motion (Form A).

The Notice of Motion tells the court what you want the

court to do. Make sure to include the docket number of

your case and sign your name where requested.

STEP 2: Fill out the Certification of Service (Form

B).

The Certification of Service tells the court how you got

the papers to the other party or parties and the date on

which you did so.

STEP 3: Fill out the top portion of the Order

(Form C).

The Order is the document that grants or denies what

you are asking for in the case. You must fill out the top

portion of the Order. The instructions will tell you how.

Leave the bottom half of the Order blank for the judge to

complete.

STEP 4: Get the proper forms listed below from the

Special Civil Part Officer

If you have not already received them, obtain the

following completed forms from the Special Civil Part

Court Officer assigned to handle the bank levy:

Certification of Levy

Notice to Debtor

STEP 5: Check your completed forms

Check your forms and make sure they are complete.

Remove all instruction sheets. Make sure you have

signed the forms where you are asked to sign them. You

must have all of the following items in this order:

Notice of Motion (Form A)

Certification of Service (Form B)

Certification of Levy (Step 4)

Notice to Debtor (Step 4)

Order (Form C)

STEP 6: Filing Fee

The fee for filing a motion is $25. Write a check in that

amount payable to the Treasurer, State of New Jersey.

There is no fee to file a motion in the Small Claims

Section of the Special Civil Part.

STEP 7: Mail or deliver your package of completed

papers to the court and all other parties in the case.

Make enough copies so that you will have at least

one for yourself and two copies for every other

party in the case, including the bank. Each party

must be sent one copy by certified mail, return

receipt requested and one by regular mail.

You can deliver or mail your original motion

papers to the court. You must mail the motion to

all other parties in the case by certified mail,

return receipt requested and regular mail. With

certified mail, you get a green receipt card that

can serve as proof that you mailed the motion to

the other party. Your post office can tell you how

to send certified mail, return receipt requested.

In the motion papers you mail to the court,

include two more additional copies of the Order

along with the original motion papers and a self-

addressed, stamped envelope. The court will

return the extra copies of the Order to you along

with the court’s decision only if a self-addressed

stamped envelope is provided.

When you receive a copy of the court’s Order signed

by the judge, you are required to provide a copy of

the Order to all other parties involved in this motion.

STEP 8: Requesting Oral Argument

You may ask for oral argument, which means you are

asking to personally appear in court to explain what you

want the court to do. Motions will be decided by the

judge without oral argument unless one of the parties

requests it and the judge grants that request. Even if no

one requests oral argument, the court may still require

oral argument. If there is going to be oral argument, you

will be notified of the time, date, and place. Check

whether or not you want to request oral argument on the

Notice of Motion (Form A).

Checklist:

Make enough copies of the forms so that you

will have two copies for every party in the case

(one for certified mail and one for regular mail)

including yourself.

Mail or deliver all of the original motion papers

to the court (Form A, Form B, Form C plus the

Certification of Levy and Notice to Debtor

described in Step 4.

Keep at least one copy of the completed motion

packet for your own records

Attach proper filing fee.

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 5 of 10

Instructions for Completing Form A - Notice of Motion

A. At the top of the form, enter the Plaintiff’s name, address, and daytime phone number. Make sure to

check the box if the plaintiff’s address and/or phone number have changed since the initial filing.

B. Enter the Defendant’s name, current address, and daytime phone number. Make sure to check the box

if the defendant’s address and/or phone number have changed since the initial filing.

C. Where it says Docket No., fill in the docket number of your case. (You can get this number from the

Complaint or Answer you received in the case, or, if necessary, you can call the court for this

information.)

D. Check off whether or not you want to request Oral Argument. (See Step 7 on page 4 for more

information about this.)

E. Fill in the appropriate information where the form tells or instructs you to do so after it says “Please

Take Notice.”

Revised 06/15/2018, CN 10547 page 6 of 10

Form A

Superior Court of New Jersey

Plaintiff’s Name (first, middle, last)

Law Division

Special Civil Part

Address Check if new address/phone number

County

Docket Number

City, State, Zip Code

Civil Action

Notice of Motion To Turn Over Funds

Telephone Number

vs.

(check one)

Defendant’s Name (first, middle, last)

I do not request Oral Argument

I request Oral Argument

Address Check if new address/phone number

If you requested Oral Argument do you wish to request:

City, State, Zip Code

An Interpreter:

Yes

Language:

Telephone Number

An accommodation for a disability:

Yes

Requested accommodation:

TO: (Name and Address of Bank)

TO: (Name and Address of Judgment Debtor)

PLEASE TAKE NOTICE

that I will apply to the Superior Court of New Jersey, Law Division, Special Civil Part,

County located at (address) , in the

above entitled matter for an Order to turn over funds belonging to the judgment debtor in the amount of

(amount of levy)

upon the following grounds: judgment was entered on (Date) , for (amount of judgment)

plus court costs. Thereafter, an execution was issued to the Special Civil Part Court Officer of

County. The Special Civil Part Court Officer levied on funds belonging to the judgment debtor on

deposit at

(Name of Bank) , in the amount of (amount of levy) $ .

The levy was made on

(Name of Bank) , on (Date) , 20 .

Attach: Certificate of Levy & Notice to Debtor (See step 4 on page 4)

NOTICE: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING.

Your written

response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the

statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly

false. You may ask for oral argument, which means you can ask to appear before the court

to explain your position. If the

court grants oral argument, you will be notified of the time, date and place. Your response, if any, must be in writing even

if you request oral argument. Any papers you send to the court must also be sent to the opposi

ng party’s attorney, or the

opposing party if not represented by an attorney

If you do not notify the Clerk and the undersigned in writing within ten (10) days of service of the motion that you object

to the entry of the order sought, the court in its discretion may enter the order against you without a hearing.

Date

Signature

Type or Print Name

Check one:

Plaintiff

Defendant

Save

Clear

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 7 of 10

Instructions for Completing Form B - Certification of Service

A. At the top of the form, enter the Plaintiff’s name, address, and daytime phone number. Make sure to

check the box if the plaintiff’s address and/or phone number have changed since the initial filing.

B. Enter the Defendant’s name, current address, and daytime phone number. Make sure to check the box

if the plaintiff’s address and/or phone number have changed since the initial filing.

C. Where it says Docket No., fill in the docket number of your case. (You can get this number from the

Complaint or Answer you received in the case, or, if necessary, you can call the court for this

information.)

D. Provide the appropriate information where the form prompts you to do so.

Review all steps to make sure the forms are properly filled out and complete before mailing (certified

mail, return receipt requested and regular mail - see step 7 on page 4). (Keep copies of the completed

forms for your records.)

Revised 06/15/2018, CN 10547 page 8 of 10

Form B

Superior Court of New Jersey

Plaintiff’s Name (first, middle, last)

Law Division

Special Civil Part

Address Check if new address/phone number

County

Docket Number

City, State, Zip Code

Civil Action

Certification of Service

Telephone Number

vs.

Defendant’s Name (first, middle, last)

Address Check if new address/phone number

City, State, Zip Code

Telephone Number

, (check one) Plaintiff Defendant being of full age, certifies and states that:

I served the enclosed Notice of Motion on the judgment debtor,

, and the (Name of

Bank)

, in the following manner: (check one)

I personally served (Name of Judgment Debtor) , on (Date) .

I mailed the judgment debtor, , and the (Name of Bank)

a copy of the enclosed Notice of Motion for an Order to Turn Over Funds, Certification of Service, and an Order to Turn

Over funds of the judgment debtor, which were sent by regular a

nd certified mail, return receipt requested, numbers:

(Certified Mail Receipt Numbers)

, at the

(Name of Post Office)

Post Office addressed to the judgment debtor and the bank, as set

forth in the Notice.

The address for the judgment debtor is the last known residence of the judgment debtor.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by

me are willfully false, I am subject to

punishment.

Date

Signature

Type or Print Name

Check one:

Plaintiff

Defendant

Civil SCP - How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen

Revised 06/15/2018, CN 10547 page 9 of 10

Instructions for Completing Form C - Order

A. At the top of the form, enter the Plaintiff’s name, address, and daytime phone number. Make sure to

check the box if the plaintiff’s address and/or phone number have changed since the initial filing.

B. Enter the Defendant’s name, current address, and daytime phone number. Make sure to check the box

if the plaintiff’s address and/or phone number have changed since the initial filing.

C. Where it says County, type or print the name of the county where you are filing your motion.

D. Where it says Docket No., fill in the docket number for your case. (You can get this number from the

Complaint or Answer you received in the case, or, if necessary, you can call the court for this

information.)

E. Provide the appropriate information where the form tells you to do so.

F. Leave Form C blank where it says, “Do not write below this line-for court use only.” The judge will

complete this section.

Review all steps to make sure the forms are properly filled out and complete before mailing (certified

mail, return receipt requested and regular mail - see step 7 on page 4). (Keep copies of the completed

forms for your records.)

Revised 06/15/2018, CN 10547 page 10 of 10

Form C

Superior Court of New Jersey

Plaintiff’s Name (first, middle, last)

Law Division

Special Civil Part

Address Check if new address/phone number

County

Docket Number

City, State, Zip Code

Civil Action

Order for Turn Over of Funds

Telephone Number

vs.

Defendant’s Name (first, middle, last)

Address Check if new address/phone number

City, State, Zip Code

Telephone Number

This matter being brought to the court by the judgment creditor, upon a Notice of Motion to Turn Over Funds on deposit

from the account of the judgment debtor in the

(Name of Bank) , to be paid to

(Name of Court Officer)

, the

County Special Civil Part Court Officer,

and no one appearing on behalf of the judgment debtor or

(Name of Bank)

, and it

further appearing to the court that a Certification of Service of the Notice of Motion to Turn Over Funds has been filed

herein:

(Do Not Write Below This Line, for Court Use Only)

On this

day of , 20 , it is ORDERED that:

pay to the County Special Civil Part court Officer, forthwith, the sum of

which has been levied upon.

It is FURTHER ORDERED that a copy of this Order be served by the moving party upon all other parties, or their

attorneys, if any, within days of the date of this Order.

The motion was:

Opposed

Unopposed

J.S.C.

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