New Jersey Statutes
N.J. Stat. § 2A:17-1 (2026)
Sequence of execution; against goods and chattels and real estate
✓ current as of May 2026
In every writ of execution which shall be issued against real estate, the sheriff or other officer to whom such writ may be directed shall be commanded that he cause to be made, of the goods and chattels in his county of the party against whom such execution issues, the debt, damages and costs or sums of money mentioned in such execution; and that, if sufficient goods and chattels of such party cannot be found in his county, he cause the whole or the residue, as the case may require, of such debt, damages and costs or sum of money to be made of the real estate whereof such party was seized on the day when such real estate became liable to such debt, damages and costs or sum of money, specifying the day particularly, or at any time afterwards, in the hands of any person then having the same.
Notes of Decisions
Cited in 24
cases (6 in the last 5 years), 1980–2026 · leading case: Sklar v. Cont'l Cas. Co. (In Re Mariano), 339 B.R. 344 (Bankr. D.N.J. 2006).
Sklar v. Cont'l Cas. Co. (In Re Mariano), 339 B.R. 344 (Bankr. D.N.J. 2006). “In this adversary proceeding, the Chapter 7 trustee challenges the secured position of the pre-petition levying judgment creditor, Continental Casualty Company, on the ground that the creditor failed to comply with the sequence of execution requirements specified in N.J.S.A. §…”
Kellman v. Palese (In Re Italiano), 66 B.R. 468 (Bankr. D.N.J. 1986). “N.J.Stat.Ann. § 2A:17-1 provides: In every writ of execution which shall be issued against real estate, the sheriff or other officer to whom such writ may be directed shall be commanded that he cause to be made, of the goods and chattel in his county of the party against whom…”
Matter of Silverman, 6 B.R. 991 (D.N.J. 1980). “The Bankruptcy Court held that, even if the examination had been held in a timely fashion, the information obtained "would have been insufficient to direct the sheriff to levy properly upon the bankrupts' assets under N.J.Stat.Ann. § 2A:17-1 ... It was actually necessary for the…”
EVCCO Leasing Corp. v. Ace Trucking Co., 828 F.2d 188 (3rd Cir. 1987). “NJ.Stat.Ann. § 2A:17-1 (West 1986). 3 The bankruptcy court denied Modular’s application for reconsideration and entered an order reconfirming its prior ruling.”
Liscinski v. Bobilin (In Re Bobilin), 83 B.R. 258 (Bankr. D.N.J. 1988). “The plaintiff was appointed as trustee. Bell has assigned all of its rights in connection with this matter to Federal Insurance Company (“Federal”).”
Matter of Silverman, 2 B.R. 326 (Bankr. D.N.J. 1980). “Hence, even if the same interrogatory had been conducted before the writs had been issued, information about the Silvermans' household personalty would have been insufficient to direct the sheriff to levy properly upon the bankrupts' assets under N.J.Stat.Ann. § 2A:17-1, supra.…”
Clifton v. Tavares (In Re Clifton), 35 B.R. 785 (Bankr. D.N.J. 1983). “At that time, under New Jersey law and pre-Code bankruptcy law, the creditors may have retained their liens on the property even after the debtors’ bankruptcy because New Jersey did not provide a homestead exemption, see N.J.Stat.Ann. § 2A:17-1, :17-17, :26-4 (West Supp.”
Genz v. Hallmark Cards, Inc. (In re Silverman), 6 B.R. 991 (D.N.J. 1980). “The Bankruptcy Court held that, even if the examination had been held in a timely fashion, the information obtained “would have been insufficient to direct the sheriff to levy properly upon the bankrupts’ assets under N.J.Stat.Ann. § 2A:17-1 ... It was actually necessary for the…”
MMU of New York, Inc. v. Grieser, 999 A.2d 1204 (N.J. Super. Ct. App. Div. 2010). “See N.J.S.A 2A:17-1 to -83. MMU contrasts the statutory provisions governing mortgage foreclosures, which specifically allow a fair market value credit if a mortgagee seeks a *45 deficiency judgment, and the statutory provisions governing execution sales, which do not include…”
Ponticelli v. Dobin, 99 F. App'x 414 (3rd Cir. 2004). “N.J.S.A. 2A:17-1. New Jersey courts require that the sheriff return a writ of nulla bona prior to executing on the debtor’s property: [T]he judgment creditor or his attorney must make a good faith attempt to ascertain the location of the debtor’s personalty within the county and…”
Matter of Braen, 72 B.R. 56 (Bankr. D.N.J. 1987). “N.J.S.A. 2A:17-1. Except where the judgment is to be satisfied from wages or income, application for the issuance of writs of execution are granted *60 as a matter of course by the clerk.”
Daniel E. Straffi, Tr. v. Ameris Bank d/b/a US Premium Fin. (Bankr. D.N.J. 2020). “N.J.S.A. § 2A:17-1; see also Raniere v. I & M Investments, Inc.”
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