Civil Court Rules and Jury Charges

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

Wednesday, September 2, 2009

4:90-2. Complaint by Creditor for Sale

4:90-2. Complaint by Creditor for Sale

The complaint of a creditor in an action to sell real or personal property of an estate subject to escheat to pay debts, shall state that:

(a) the creditor has reduced the claim against the executor or administrator to judgment;

(b) the judgment remains partly or wholly unsatisfied for want of assets;

(c) there is property, specifying its description, location, character, condition and value, as near as may be; and

(d) the executor or administrator, notwithstanding that demand has been made upon him or her more than one month previously, has failed to commence an action for the sale of estate property.