Special Civil Part (DC) Motions- Exemptions from Motion Fee Set by R. 1:43 Date: November 13,2014
Rule 1:43 ("Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7"), as adopted by the Supreme Court on October 31,2014 to be effective November 17, 2014, established a filing fee of$25 for Special Civil Part (DC) motions whereas previously there had been no filing fee. The purpose ofthis Directive is to clarify that certain documents, as set forth below, are exempt from this filing fee requirement.
Prior to the adoption of Rule 1:43, the Special Civil Part Supervising Judges Committee established a protocol permitting judgment debtors to seek summary relief from wages and executions withouttheformalityoffilingamotion. RelieffromtheissuanceofSpecialCivilPartpost-judgment process, such as a wage garnislunent or a goods and chattel execution, proceeds on a summary basis and does not operate within the construct of Rule 6:3-3 motion practice. Thus, maintaining that approach, such requests for relief from Special Civil Part (DC) goods and chattel writs and wage executions are exempt from the collection of motion filing fees.
There are two additional exemptions from Special Civil Part motion fees. First, to ensure access to our courts for all litigants, requests for indigency determinations are exempt from the motion filing fee requirement. And,second,pursuanttoRule6:6-7,"IssuancebyClerkofCertificateofSatisfactionof Judgment," a judgment debtor is permitted to make a written application to the Clerk or designee for the issuance of a certificate of satisfaction ofjudgment. This occurs when either the judgment creditor has not givenawarrantofsatisfactionortheexecutionhasnotbeenreturnedfullysatisfied. Thejudgmentdebtor may make such application for post-judgment relief without having to pay the otherwise prescribed motion fee.
With regard to wage garnishments, the standard practice has been to consider a wage garnishment asanapplication,withtherequiredfeedueuponissuanceoftheexecution. InadoptingRule1:43,the Supreme Court established wage garnishments to have a fee ($35) separate and apart from DC motions. Thus, to avoid the erroneous application ofmultiple fees, requests for wage garnishments should not be treatedasamotionorapplicationsubjecttothe$25motionfee. Rather,requestsforwagegarnishments are $35, with that fee to be collected at the time ofreceipt ofthe request for wage garnislunent instead of upon the issuance o f the wage execution.
Rule 1:43 ("Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7"), as adopted by the Supreme Court on October 31,2014 to be effective November 17, 2014, established a filing fee of$25 for Special Civil Part (DC) motions whereas previously there had been no filing fee. The purpose ofthis Directive is to clarify that certain documents, as set forth below, are exempt from this filing fee requirement.
Prior to the adoption of Rule 1:43, the Special Civil Part Supervising Judges Committee established a protocol permitting judgment debtors to seek summary relief from wages and executions withouttheformalityoffilingamotion. RelieffromtheissuanceofSpecialCivilPartpost-judgment process, such as a wage garnislunent or a goods and chattel execution, proceeds on a summary basis and does not operate within the construct of Rule 6:3-3 motion practice. Thus, maintaining that approach, such requests for relief from Special Civil Part (DC) goods and chattel writs and wage executions are exempt from the collection of motion filing fees.
There are two additional exemptions from Special Civil Part motion fees. First, to ensure access to our courts for all litigants, requests for indigency determinations are exempt from the motion filing fee requirement. And,second,pursuanttoRule6:6-7,"IssuancebyClerkofCertificateofSatisfactionof Judgment," a judgment debtor is permitted to make a written application to the Clerk or designee for the issuance of a certificate of satisfaction ofjudgment. This occurs when either the judgment creditor has not givenawarrantofsatisfactionortheexecutionhasnotbeenreturnedfullysatisfied. Thejudgmentdebtor may make such application for post-judgment relief without having to pay the otherwise prescribed motion fee.
With regard to wage garnishments, the standard practice has been to consider a wage garnishment asanapplication,withtherequiredfeedueuponissuanceoftheexecution. InadoptingRule1:43,the Supreme Court established wage garnishments to have a fee ($35) separate and apart from DC motions. Thus, to avoid the erroneous application ofmultiple fees, requests for wage garnishments should not be treatedasamotionorapplicationsubjecttothe$25motionfee. Rather,requestsforwagegarnishments are $35, with that fee to be collected at the time ofreceipt ofthe request for wage garnislunent instead of upon the issuance o f the wage execution.
