Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, July 22, 2009

4:48-3. Entry of Satisfaction on Payment of Moneys Into Court

(a) Motion for Payment. If a judgment or order for the payment of money is rendered or docketed, or the records thereof are in the custody of the court, the court shall on motion order the clerk of the court to accept payment of the amount thereof, with interest and costs, and, upon receiving payment, to enter satisfaction thereof on the record, if it shall appear upon the motion that:

(1) A tender of the amount due thereon, with interest and costs, has been made to the holder thereof, who refuses to accept the tender or to execute a satisfaction or warrant insatisfaction therefor; or

(2) The whereabouts of the holder thereof is unknown and an investigation, the results of which shall be set forth by affidavits on the motion, has been made to discover the holder's whereabouts; or

(3) An appeal is pending or the time limited for taking an appeal has not expired and the moving party intends to appeal; or

(4) A motion for relief from the judgment or order or for a new trial is pending, or the time limited for making such motion has not expired and the moving party intends to so move, but in that event the moving party shall, with the payment to the clerk, deliver a bond to the clerk in such amount and form and with such sureties as the court approves, as security for the payment of the costs on such motion.

(b) Terms of Motion; Effective Payment. A motion under R. 4:48-3(a) shall state the court in which the judgment or order was recovered or docketed, the parties thereto, the date and amount thereof, and the book and page of record and of the docketing. Payment to the clerk of the amount due upon judgment or order shall not be deemed to affect the right of any party to the action to appeal or to move for relief or for a new trial. The clerk shall hold moneys so paid into court subject to the further order of the court.