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
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
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
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:
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)
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).
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)
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
Keep at least one copy of the completed motion
packet for your own records
Attach proper filing fee.