Civil Court Rules and Jury Charges

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

Thursday, May 20, 2010

2A:20-7. Conveyances by debtor after arrest void; recovery by assignee

2A:20-7. Conveyances by debtor after arrest void; recovery by assignee
All conveyances, deeds, mortgages, judgments, sales, transfers, assignments or other disposition of, for or upon any of his estate, real or personal, made, given or executed after his arrest by any debtor shall be void as against his creditors and the assignee appointed hereunder.

The assignee may recover such estate or the value thereof against any person who may have purchased or in any manner come into the possession thereof after such arrest.

The right and remedies conferred by this section shall be in addition to those conferred by section 2A:19-3 of this title.

L.1951 (1stSS), c.344.
2A:20-8. Discharge of debtor from confinement on assignment of property
Upon making the assignment required by section 2A:20-6 of this title, the court may, by order, direct the sheriff to discharge the debtor from confinement on account of any debts previously contracted by him.

L.1951 (1st SS), c.344.
2A:20-9. Remand of debtor to prison on concealment of property
If the creditor at whose suit the debtor is imprisoned or was arrested, or any other creditor, shall in an action brought in a summary manner prove to the satisfaction of the court that the debtor has not fully delivered up to the use of his creditors all of his property, real or personal, or that he has concealed or kept back any part of his property or suffered a judgment to be entered against himself, or made any conveyance, deed, mortgage, sale, transfer, assignment or other disposition of his property, real or personal, with intent to defraud his creditors, the court shall remand him to prison, there to remain in close confinement until discharged by due course of law. In such an action, the debtor shall have a right to trial by jury.

2A:20-10. Discharge as immunity from imprisonment
Every insolvent debtor, who has given up all his estate and conformed in all things to the directions of this subtitle, shall, so far as regards the imprisonment of his person, forever thereafter be discharged from all debts due at the time of the assignment, or contracted for before that time, though payable afterwards.

L.1951 (1st SS), c.344.

2A:20-11. New applications on refusal of discharge
If the court fails or refuses, for any reason, to discharge a person as an insolvent debtor or remands a person to prison, and such person surrenders himself immediately to the sheriff, warden or keeper of the jail of the county, he may make out and deliver to the sheriff, warden or keeper a new inventory and new bond as provided by section 2A:20-2 of this title. Thereupon he shall be discharged from arrest or custody pursuant to sections 2A:20-2 and 2A:20-3 of this title, provided he brings a new action for his discharge, in which action the same proceedings shall be had for that purpose, as fully and effectually as if no previous action had been brought.

L.1951 (1st SS), c.344.