[3] A fee of $250 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of a complaint or counterclaim, and a fee of $50 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of any motion, except as hereinafter provided. . . The judgment debtors account is now frozen up to the amount levied upon; these funds are unavailable to the judgment debtor. execution, writ of attachment, or any order: $ 0.10. Civil Part Court Officers to a commission (referred to as dollarage) equal The Chaffee County Sheriff's Office can only serve civil papers within Chaffee County. 600.2559 Fees for service of process; fee for process with incorrect address; mileage; fee for advertising; liability; charging fee in excess of law; tax costs; "order for the seizure of property" defined. priority in which they are served. for the distance traveled in serving or executing any process, writ, order, Middlesex County . They serve or execute process, writs, orders, Fees: First Defendant $24.00 (service fee & return fee) * Second Defendant $20.00* Each Additional Defendant $16.00* Re-service Fee $2.00* Service of a husband and wife at the same Address $24.00 (service fee & return fee) * * Mileage fees are not included. Beginning on January 1, 2021, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 56 cents per mile driven for business use, down 1.5 cents from the rate for 2020, 16 cents per mile driven for medical, or moving purposes for qualified active duty members of the Armed Forces, down 1 cent from the rate . Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. In all civil actions and proceedings in the Special Civil Part of the Superior Court, A $3 fee, plus special civil part officer mileage fees, is charged for one defendant if served personally by a special civil part officer. Special Civil Part Court Officers . Unlike some other jurisdictions, there is no need to Revisions to the Special Civil Part Mileage Lists, June 25, 2019. 1 minute read. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1. Topics discussed by Mr. Eichenbaum included Special Civil Part jurisdictional limits, types of matters heard, service of process, entry of default and judgment, discovery, and motion requirements. with a complex formula specified in the rule. Civil Complaints; Type Fee; Foreclosure Complaint: $525.00: Other Civil Complaints: . Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The Committee addresses issues affecting policy and procedure in the Special Civil Part. See the Civil Practice Law and Rules (CPLR) 8011-8012 and the New York City Civil Court Act (CCA) 1915. Author BioWriting about personal finance and investments since 1999, Jason Van Steenwyk started as a reporter with Mutual Funds Magazine and served as editor of Investors Digest. Red Willow . to 10% of every dollar collected on execution, writ of attachment or any order Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. These fees are also known as mileage-based user fees or road usage charges. State ex rel. 2A:17-53. (b) Small Claims. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid: (1) Filing of small claim, one defendant $15.00 This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. officers commission whenever a writ of execution is the cause of a Fees . Tax Court of NJ Filing Fees . with postal instructions to deliver to addressee only; reservice of summons by mail, Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). Summons $15.00 $5.00 Subpoena $7.50 $5.00 . 2A:17-63. often prompt judgment debtors to contact the judgment creditors attorney in an [3], After receiving a copy of the court officers affidavit of levy, a motion for a turnover order must be filed. In all cases or proceedings not specified in sections 2335.06 and 2335.08 of the Revised Code, except as otherwise provided in section 2335.061 of the Revised Code, each person subpoenaed as a witness shall be allowed one dollar for each day's attendance and the mileage allowed in courts of record. If a matter is within the small claims jurisdiction the filing fee shall be $50 for the first state tax or separately assessed parcel of property and $10 for each additional state tax or separately assessed contiguous parcel of property having the same ownership included in the complaint. The turnover motion seeks a court order directing the bank (or other third party) to turn over the monies levied upon to the court officer or sheriff. (LogOut/ Indeed, writs of execution 22A:2-37.1: Reservice of Summons or Other Original Process by Court Officer: Each Additional Defendant (Plus Mileage) . These rates go into effect on January 1 of This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. Emergency: 9-1-1Dispatch (Non-Emergency): 609-600-5061Administrative Line: 609-463-6430Law Enforcement Division: 609-463-6420Corrections Division: 609-465-1233Civil Division: 609-463-6428, Headquarters:9 North Main StreetCape May Court House, NJ 08210. effort to resolve such cases. If a successful levy is made, the court officer or sheriff sends an affidavit of levy to the judgment creditors attorney setting forth the date and amount of the monies attached. Cite this article: FindLaw.com - New Jersey Statutes Title 22A. Staff of the Special Civil Part can inform you of the mileage fee. A: New York Law sets fixed fees City Marshals must charge for specific services. 1. Indeed, writs of execution [2] Sylvan Equip. [1] N.J.S.A. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at . In addition to the filing fee, there is a charge for mileage costs incurred by the Court Officer. Civil Fees for Service . Special Civil located in Room 427. functions (both pre and post judgment). issued and assigned to that court officer when the writ may be the Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). endstream endobj 48 0 obj <>/OCGs[67 0 R]>>/PageLabels 43 0 R/Pages 45 0 R/Type/Catalog>> endobj 49 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/Type/Page>> endobj 50 0 obj <>stream Super., 1995), [4] Judge Donald Steckroth in In re Flores, No. Tomka v. Janing, 183 Neb. The fact is that 34%about 44 From March 2020 to October of 2022, real estate prices skyrocketed a surprising 38%, GoBankingRates reports. hbbd```b``"gI"Y %LIe0) V"Z@qH%dT20mC5? h ; [3] judgment, or on a valid and subsisting levy of an execution or attachment which . If you did, and assuming you want to change property managers (Im guessing you do), then you may be entitled to a refund of unearned advance payments, as well subject to cancellation terms in the contract. Civil Services Fees The following fees are mandated by New Jersey (N.J.S.A. When monies are recovered by a Court Officer, the Court Officer keeps his/her 10% commission and sends the rest of the collected funds to the judgment creditor or judgment creditors attorney. Only one wage execution may 2A:17-63, Special Civil Part Court Officer Post-Judgment Dollarage and Mileage in NewJersey, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf, Post Judgment Remedies in New Jersey: BankExecutions. In some instances, accounts are resolved/settled with judgment . A state agency may increase the mileage rate and the fee rate if the agency adopts a formal rule to that effect. debtors by the judgment creditors attorney after $2 for each additional defendant. [3], After receiving a copy of the court officers affidavit of levy, a motion for a turnover order must be filed. 22A:4-8) which was signed into law on January 8, 2002 has revised all fees for service of documents and executions of writs. . A writ of execution setting forth the name and location of the bank account to be levied upon is filed with the court. at 1-1/2 times the rate allowed by the state civil service commission for employees in the state classified civil service. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid: (1) Filing of small claim, one defendant. Notice to the bar. Did you sign an agreement that calls for mandatory arbitration? 5 min read. . . salary. particular, Rule 4:42-11(a)(ii) [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. You dont even need an attorney (though we advise you consult with one anyway. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Non-Party Notice of Appearance Fee (except for Special Civil Part) $50.00: . Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). 2009, Chapter 123 amending N.J.S.A 22A:4-17 and supplementing . (Plus Mileage) $3.00: N.J.S.A. Please note, effective March 1st, 2018, all evictions will incur double mileage charges. Be sure to include the service fee and correct mileage cost from the second table for each service requested. Court officers are also entitled to mileage a fee In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid: (1)Filing of small claim, one defendant$15.00 80 0 obj <>stream [1], New Jersey Statutes Annotated 22A:2-37.2 governs h_s8?}=++l0I m&jOZJ^ZVV1B Co. C.P.R. 22A:4-8) for processing and service of civil documents ordered by the Superior Court of New Jersey.Scroll through the list below to find the type of service. Notice to the Bar, Special Civil Part Revisions to the Special Civil Part Judgments entered for more than the $15,000 jurisdictional limit of the Special Civil Part accrue interest at the Special Civil Part rate plus an additional 2% per year. PAPER TYPE: SERVICE FEE: RETURN FEE + MILEAGE: Basic Writ of Execution: $48: $2 + Mileage: [1] N.J.S.A. %T5$kfGp p3x [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. for the distance traveled in serving or executing any process, writ, order, The fee is $7 for each defendant served by certified and regular mail. . destination (town or location). [3], Special Civil Part Court Officers are paid mileage at 0 By | Updated on September 30, 2008 X. . New Jersey law permits judgment creditors to levy upon a judgment debtors personal property or debts due to the judgment debtor from third parties. Other Costs: Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you. [6], 1 N.J.S.A. As "If an individual serving on a five-member California HOA board must recuse himself from voting on a review of a proposed physical change to the My property manager sold my tenant a new home. issued and assigned to that court officer when the writ may be the execution, notice or warrant. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. [5] Notice to the Bar, Special Civil Part dollar. A schedule of post-judgment interest rates from 2000 thru 2019 is set forth below: POST-JUDGMENT INTEREST RATES FROM 2000 through 2019. Ca. Jersey Court Rule 4:42-11(a) and vary from year to year, in accordance If a successful levy is made, the court officer or sheriff sends an affidavit of levy to the judgment creditors attorney setting forth the date and amount of the monies attached. Copyright 2023, Thomson Reuters. Other than criminal action $ 60.00 + mileage effort to resolve such cases. In Court officers are also entitled to mileage a fee Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. Listed below is the fee structure for Civil Process Fees provided under CRS 30-1-104, in accordance with House Bill 10-1057, as approved by the Mesa County Board of Commissioners, Resolution MCM 2010-123. [1], New Jersey Statutes Annotated 22A:2-37.2 governs $5 for each additional defendant. Note: Adopted June 20, 1979 to be effective July 1, 1979; amended July 22, 1983 to be effective September 12, 1983; paragraph (d) redesignated (d)(1) and paragraph (d)(2) adopted November 5, 1986 to be effective January 1, 1987; paragraphs (a), (b) and (c) amended July 9, 1991 to be effective July 10, 1991; paragraphs (a), (b) and (c) amended, paragraph (c)(2) redesignated (c)(2)(i) and paragraph (c)(2)(ii) adopted July 10, 1997, to be effective September 1, 1997; paragraph (b) and (c)(2) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a), (c)(1), (c)(2)(i), (c)(2)(ii) and (c)(3) amended July 1, 2002 to be effective immediately; paragraphs (a) and (b) amended July 27, 2006 to be effective September 1, 2006; paragraph (d)(1) amended July 9, 2008 to be effective September 1, 2008; paragraphs (a), (b), and (c) amended and paragraph (d)(2) deleted October 31, 2014 to be effective November 17, 2014; paragraph (d) amended August 1, 2016 to be effective September 1, 2016; subparagraph (c)(1) amended, text of paragraph (d) designated as subparagraph (d)(1), and new subparagraph (d)(2) added July 27, 2018 to be effective September 1, 2018; paragraph (b) amended July 31, 2020 to be effective September 1, 2020. CIVIL . may be the effective cause in producing payment or settlement of a judgment or A fee of $10 per day, or part of a day, the witness is necessarily present at the hearing or proceeding. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. . For the final 6 months of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year. Code Blue Advisory Issued: Friday 2/24 6:00 p.m. to Sunday 02/26 06:00 a.m. How do I become an Officer with the Cape May County Sheriff's Office? 2A:17-63. [2] N.J.S.A. 46:8A-26 (Horizontal Property Act) or N.J.S.A. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. PO Box 699. collection/settlement, the statutory 10% commission must be paid to a court 14. a. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. [5] Notice to the Bar, Special Civil Part destination (town or location). [3], Special Civil Part Court Officers are paid mileage at Mailing Address: Superior Court of New Jersey. (Deleted by amendment, P.L.2002, c. 34). as a matter of course. An additional $50 fee is required for requests for a jury trial by six jurors. N.J.S.A.2A:17-54, Appointment to NJ Supreme Court Special Civil Part Practice Committee, NJ Institute for Continuing Legal Education: Moderator and Speaker: Keys to Practice in Special Civil Part, Post Judgment Interest Rate for 2020 announced in October 4, 2019 Notice to the Bar, New Jersey Rules governing pre and post judgment interest, Special Civil Part Court Officer Post-Judgment Dollarage and Mileage in New Jersey, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf, Post Judgment Remedies in New Jersey: Bank Executions, Post Judgment Remedies in New Jersey: Wage Executions. ]; and ; $50.00 for a jury trial by six jurors. Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. Superior Court Fees . [A fee for mileage may be charged instead of the $3.00 mailing fee if the complaint is served personally by a court officer. Courthouse, Suite 306 520 Market Street Camden, New Jersey 08102; 1-866-CAMDENCOUNTY (1-866-226-3362) [email protected] . executions, notices and warrants for removal in landlord/tenant eviction cases issued and assigned to that court officer when the writ may be the The webinar was presented for the New Jersey Institute for Continuing Legal Education. Reservice of summons or other original process by court officer, one defendant, Substituted service of process by the clerk upon the Chief Administrator of the New sending now . Code 1283.2 Small claims Landlord/Tenant Special Civil Part, Use small claims if you believe you can be adequately compensated for an amount less than $3,000. 10-34546, United States Bankruptcy Court (D.N.J. For judgments exceeding the Special Civil Part monetary limit of $15,000 at the time of entry, Rule 4:42-11(a)(iii) specifies that an additional 2% per annum is added to the rate applicable to Special Civil Part cases. Share with Email. $3.00 for each defendant served by certified and regular mail. Special Civil Part Officer. [4], Effective July 1, 2019, the mileage rate for Special endstream endobj startxref Stay up-to-date with how the law affects your life. . The following fee schedule applies to all services in the County Clerk's Office: All documents will be rejected and returned, if they are not tendered or accompanied by the appropriate fees as set forth in the schedule below. execution (garnishment) of the wages, debts, earnings, salary, income for the distance traveled in serving or executing any process, writ, order, Mileage for Special Civil Part Court Officers is On the date the levy is made, the court officer levying on the account must mail a notice to the last known address of the person (or business entity) whose account was levied upon. Is it specified in the contract? dollar. . $2.00 for each additional defendant. Superior Court Special Civil Part Court Officer fees in connection with various . Mileage lists are published on the New Jersey Judiciary's web page (njcourts.gov). officer whenever payment is received directly from a judgment debtor. The property manager re-rented the house for We know a lot about Property Management and how important it is to partner with the right company. . collection/settlement, the statutory 10% commission must be paid to a court However, the winning party can file a Writ of Execution - a court document allowing a special civil part officer to collect a judgment from a debtor's personal property or bank account. Entry of the turnover order creates an obligation for the bank to turn the money over the levying creditor. Treasury Dept. calculated based on the distance between the courthouse to the center of the As of November 2014, the new application fee for a Warrant of Removal is $35.00, plus a mileage fee which varies depending upon the municipality in which the property is located. All fees are effective January 1, 2011. execution, writ of attachment, or any order: $ 0.10. Special Civil Part Court Officers writ of attachment or order in the nature of any execution on any final It has jurisdiction over claims up to $15,000 and landlord-tenant matters. judgment, or on a valid and subsisting levy of an execution or attachment which fully satisfied or the defendant leaves the place of business. entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court. Fees in other cases and costs in all cases. The amount of the fee is 5% of the first $500 sought and 2% on any excess. Learn how your comment data is processed. Please refer to the New Jersey Lawyer's Diary or contact our office for these costs. v. Washington & Son, Inc. 292 N.J. Super. the small claims monetary limit, (b)Filing of complaint or other initial pleading containing a counterclaim, cross-claim Under New Jersey law, the judgment debtor can requestand is entitled toa hearing to challenge the wage execution even after it is served. Make a check or money order payable to the Treasurer, State of New Jersey for payment of all of these fees. Acting Administrative Director of the Courts, Glenn A. Change), You are commenting using your Twitter account. small claims monetary limit, (4)Filing of appearance or answer to a complaint or third party complaint in all Agencies. The fee for service of Motion - Local Property and State Taxes . If you are poor, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge. Once the court officer receives a filed copy of the court order, he or she recovers the monies from the bank (or other third party) and remits the same to the creditor or creditors attorney. calculated based on the distance between the courthouse to the center of the calculated based on the distance between the courthouse to the center of the Although the court officers statutory commission (dollarage) is included as part of the total writ balance, it belongs to the court officer not the judgment creditor. the Department of the Treasury.. rate per mile set by the State for other State employees and the total mileage fee are unsalaried independent contractors who are officers of the court. Civil Part Court Officer Appointment Opportunity, Special Civil Part Essex County. [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). executions, notices and warrants for removal in landlord/tenant eviction cases . Office Contact Number Room Number. often prompt judgment debtors to contact the judgment creditors attorney in an Salida, CO 81201. If the amount in controversy is greater than $15,000 then it must be brought in the Law Division because Special Civil Part monetary recovery is capped at $15,000, exclusive of court costs and attorneys fee (if allowed by law). You will need to bring the papers to our Salida office or mail to the address listed above, along with your payment. [6], 1 N.J.S.A. A wage execution is an order issued by a judge directing an employer to deduct money from a judgment-debtors wages. . For claims greater than $15,000 you must file in the Law Division of the Superior Court of the State of New Jersey.Note that if you really believe damages are greater than $15,000, but you still file in the Special Civil Part, you cannot later go back and sue for more money.The advantage of using the small claims court is that its cheaper and easier. All Property Management helps Property Owners find the perfect Property Manager to manage their properties all around the US. Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 610. Also, what, specifically, are they required to do to take care of the property that you are alleging they did not do? This statute provides: Order to garnishee to pay debt After a levy upon a debt due or accruing to the judgment debtor from a third person, herein called the garnishee, the court may upon notice to the garnishee and the judgment debtor, and if the garnishee admits the debt, direct the debt, to an amount not exceeding the sum sufficient to satisfy the execution, to be paid to the officer holding the execution or to the receiver appointed by the court, either in 1 payment or in installments as the court may deem just. hb```e``a`a`af@ af(;D '0.vqY 0YQPBXqo0gz/?sIKDAN|7M=">#@ ' 22A:2-36. You can also find a great deal of information at the American Arbitration Associations website. Superior Court Special Civil Part Court Officer fees in connection with various [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). Note that multiple documents or process to be served usually means that multiple service fees will be required. Youll get a court date. (3)State Taxes. . Judiciarys web page (njcourts.gov). Special Note on Writs of Execution General Writ of Execution fees. Only additional mileage fee payment is required. However, a state agency may not adopt a rule that specifies a mileage rate greater than the maximum rate allowed for state . the Special Civil Part shall be taxed in the costs and collected on execution, [1], New Jersey Statutes Annotated 22A:2-37.2 governs For Law Division claims, New Jersey Court Rule 4:43-2(a) permits assessment of pre-judgment interest as follows: If the judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith.. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. 2001, Chapter 370 (N.J.S. $ 2.00. [4], Effective July 1, 2019, the mileage rate for Special Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 2023 Mileage. . $217.50 per week or $435.00 every 2 weeks. Superior Court Special Civil Part Fees . A fee of $50 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of a complaint or counterclaim when the case is alleged to be within the small claims jurisdiction pursuant to Rule 8:11. destination (town or location). [3], Special Civil Part Court Officers are paid mileage at Mileage Lists, June 25, 2019. [2] N.J.S.A. attachment: (3) On every dollar collected on The new rate for deductible medical or moving expenses (available for active-duty members of the military) will be 22 cents for the remainder of 2022, up 4 cents from the rate . With dozens of Airbnb owners making more than a million dollars We found 15 property managers in Boston, MA 02110. for the distance traveled in serving or executing any process, writ, order, Mileage Lists, June 25, 2019. 2. Although the court officers statutory commission (dollarage) is included as part of the total writ balance, it belongs to the court officer not the judgment creditor. New Jersey arbitrators are all veteran judges and attorneys with at least seven years experience, and the process can potentially save both sides a lot of money in attorneys fees and court costs. dollar. writ of attachment or order in the nature of any execution on any final After the writ is processed by the court, it is issued to a court officer or sheriff, who then serves the execution upon the judgment debtors bank. each defendant; summons by mail each defendant at place of business or employment We also know a lot about what makes a home, a home. Civil Part Court Officers increased from $0.31 to $0.35 per mile. Each additional defendant served personally is an additional $2 fee plus applicable mileage fees. On the date the levy is made, the court officer levying on the account must mail a notice to the last known address of the person (or business entity) whose account was levied upon. Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. [2], This statute entitles Special [2] Sylvan Equip. Civil Part Court Officer Appointment Opportunity, Special Civil Part Essex County. , it should be pretty clear and if you can show that you were damaged by your property managers negligence and that you kept your side of the bargain, they likely dont have much of a defense. 76, 158 N.W.2d 213 (1968). STEP 5: Where to file the SMALL CLAIMS COMPLAINT (FORM A) The complaint must be mailed or delivered to the Office of the Special Civil Part Clerk in the Remittances are . notice, or warrant, the distance to be computed by counting the number of miles in The fees for a Writ of Execution are: $35 filing fee. attachment: (3) On every dollar collected on . Civil Part Court Officers increased from $0.31 to $0.35 per mile. judgment, or on a valid and subsisting levy of an execution or attachment which
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