New Jersey Special Civil Part Officer Fees and Execution Costs
You won your small claims case in New Jersey, got the judgment, and now you need someone to actually seize assets or garnish wages. The court does not collect the money for you. A Special Civil Part court officer carries out execution. The process can involve a $35 writ fee, a $7 service fee, mileage, and a 10% commission on money collected.
Here is a breakdown of every fee you can expect, when the sheriff gets involved instead of the SCP officer, and how to keep costs from eating into your recovery.
Who Executes the Judgment: SCP Officer vs. County Sheriff
In the Special Civil Part (cases up to $20,000, including small claims up to $5,000), the Special Civil Part court officer handles enforcement. These officers are appointed by the court in each county and carry out writs of execution, wage garnishments, bank levies, and personal property seizures.
County sheriffs, by contrast, primarily execute writs that originate from the Law Division's general Civil Part (the "L" docket cases above $20,000) and cross-county enforcement actions transferred to their jurisdiction. If you docket your Special Civil Part judgment in Trenton to create a statewide real property lien (the "DJ" docket), enforcement of that lien may also involve the sheriff's office in the county where the property sits.
For most small claims judgment creditors, the SCP court officer is the only enforcement official you will deal with.
The Fee Breakdown
Writ of Execution Fee — $35
Bank levies and personal property seizures start with a Request for a Writ of Execution filed at your county's Special Civil Part office. The filing fee is $35, set by N.J.S.A. 22A:2-37.1. Wage executions use a separate application process and also carry a $35 fee.
Court Officer Service Fee — $7
The officer charges a $7 statutory service fee each time they deliver a writ, complaint, or execution order to a bank, employer, or debtor's address.
Mileage
Officers charge mileage based on the distance from the county courthouse to the service address. Contact the county office for the current charge; a longer trip increases the mileage cost.
The 10% Commission
This is the fee that surprises most creditors. Under N.J.S.A. 22A:2-37.1, the court officer receives a mandatory 10% statutory commission on all money collected. If your officer collects $3,000 from a bank levy, the commission is $300 — added on top of the judgment balance and charged to the debtor, not deducted from your recovery.
That said, if the debtor has limited assets, this commission increases the total the debtor owes and can complicate collection on marginal judgments.
Additional Deposits for Personal Property Execution
Seizing tangible personal property (furniture, vehicles, equipment) can trigger extra costs:
- Towing fees if a vehicle is being levied
- Storage costs while seized property awaits auction
- Advertising fees for the required public sale notice
The court officer will typically ask you to deposit funds upfront to cover these costs. Sale proceeds are applied first to advertising, towing, storage, and court officer commissions; remaining net proceeds are applied to the judgment.
Personal Property Execution: What Happens
When you request a Writ of Execution against personal property, the court officer goes to the debtor's location and identifies nonexempt assets. New Jersey law (N.J.S.A. 2A:17-19) protects $1,000 worth of personal property, clothing, and household goods from execution. The officer can execute only on nonexempt assets.
For vehicles, the officer needs proof of ownership and equity. You will need to obtain a certified title search or lien report from the NJ Motor Vehicle Commission. If the car loan exceeds the vehicle's market value, there is no equity to seize and the officer will not take it.
Seized items go to a public auction. After advertising, towing, storage, and the officer's 10% commission are paid, the remaining proceeds reduce the judgment balance.
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How to Keep Enforcement Costs Manageable
Before spending $35 on a writ plus service fees and mileage, make sure you are targeting an asset worth executing against. Use an Information Subpoena (Appendix XI-L) first to find out what the debtor earns and owns. A bank levy on an account with $5,000 costs the same $35 writ fee as one on an account with $50 — but only one of those makes financial sense.
If you are trying to collect a New Jersey small claims judgment and want every fee, form, and deadline mapped out before you spend a dollar, the Collecting a Small Claims Judgment in New Jersey guide walks through the entire process step by step — including a fee ledger worksheet to calculate your costs upfront.
Quick Fee Reference
| Fee | Amount | Who Pays | Authority |
|---|---|---|---|
| Writ of Execution filing | $35 | Creditor upfront; recoverable from debtor | N.J.S.A. 22A:2-37.1 |
| Officer service fee | $7 per delivery | Creditor upfront; recoverable | Statutory schedule |
| Mileage | Varies by distance | Creditor upfront; recoverable | Calculated from courthouse-to-service distance |
| Officer commission | 10% of collected funds | Charged to debtor on top of judgment | N.J.S.A. 22A:2-37.1 |
| Towing/storage (property seizure) | Varies | Creditor deposit; recoverable from sale proceeds | Case-specific |
All upfront costs you pay (writ fees, service fees, mileage) are recoverable — they get added to the judgment balance the debtor owes. The 10% commission is also the debtor's obligation, added on top of the amount collected rather than subtracted from your recovery.
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