Civil Court Rules and Jury Charges

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

Wednesday, August 5, 2009

4:60-17. Auxiliary Proceedings

(a) Orders to Preserve Property. The court shall fix the compensation and other costs and expenses of safekeeping the personal property attached, and shall provide for payment thereof by the parties or out of the proceeds of the attached property. The court may order sale of personal property before judgment, and may order the sheriff to take possession of attached real estate, to collect the rents, issues and profits thereof, and to manage the same. The court may order the institution and prosecution of appropriate actions and proceedings by the sheriff to obtain possession of any attached property in the hands of a third person, including the collection of attached choses in action, trust income or corpus, and legacies or distributive shares in the estate of a decedent, and may make such further orders as are necessary to protect and preserve the attached property pending the determination of the proceedings.

(b) Appointment of Receiver. The court may appoint a receiver of any attached real or personal property and may direct the sheriff to deliver the same to such receiver and may empower the receiver to perform any of the aforesaid duties and any other acts necessary to preserve the property, to collect attached assets, and to apply them as the court directs.