Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
SYNOPSIS
Exempts $1,000 in bank account from civil seizure or execution following certain emergency declarations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning exemptions from civil seizures and executions and amending N.J.S.2A:17-19.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:17-19 is amended to read as follows:
a. Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in value, exclusive of wearing apparel, $1,000.00, and all wearing apparel, the property of a debtor shall be reserved, both before and after his death, for his use or that of his family or his estate, and shall not be liable to be seized or taken by virtue of any execution or civil process whatever, issued out of any court of this State.
Nothing herein contained shall be deemed or held to protect from sale under execution or other process any goods, chattels or property, for the purchase whereof the debt or demand for which the judgment on which such execution or process was issued, shall have been contracted, or to apply to process issued for the collection of taxes or assessments.
b. No person shall seize or take by any execution or civil process an amount of $1,000 or less in a bank account, provided that:
(1) the governor has declared a public health emergency pursuant to P.L.2005, c.222 (C.26:13-1 et seq.) or state of emergency pursuant to P.L.1942, c.251 (C.App.A:9-33); and
(2) the Attorney General of the State of New Jersey has determined that the protections afforded pursuant to this subsection are necessary.
The bank account protection afforded pursuant to this subsection shall go into effect on a date to be determined by the governor and the Attorney General, and shall expire 16 months following the expiration of the public health emergency or state of emergency.
2. This act shall take effect 90 days after enactment.
STATEMENT
This bill exempts an amount of $1,000 or less in bank accounts from civil seizure, provided that a State of Emergency or Public Health Emergency has been declared by the Governor, and the Attorney General has determined that such protections are necessary. This is intended to allow flexibility to apply the protections only to affected areas in the event that a State of Emergency or Public Health Emergency affects only certain regions of the State.
This protection takes effect on a date determined by the Governor and the Attorney General, and expires 16 months after the declaration of a State of Emergency or Public Health Emergency has expired.