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Old 08-26-2005, 10:09 AM
Junior Member
 
Join Date: Aug 2005
Posts: 1
Unhappy

Special Civil Part


What is the name of your state?NJ

1)Currently defendant on claim by plantiff of lack of payment for completed construction work. (The work is defective and incomplete).

2)A defaut judgement was entered against me for failure to respond within specified limits (filed motion to vacate the judgement; oral arguments scheduled).

3)Plantiff have default judgement docketed in Trenton and "writ of execution" issued to county sherrif (Middlesex).

4)Plantiff almost immediately requested the sherrif to auction my NJ real property to satisfy the writ (2 week stay granted by sherrif upon my request).

My question is that I do not understand how plantiff could have ordered the sherrif to auction the property for a matter originating in special civil part. A lien on future sales yes, but is forced sale possible.

Also, since writ was filed with the law division in Trenton, how would sherrif know that the matter originated in special civil part?

Can anyone answer this question?
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