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Morristown Memorial Hospital v. Caldwell

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: March 21, 2001

Plaintiff appeals the denial of its unopposed post-judgment motion for turnover of funds from defendants’ bank accounts, which stemmed from “defective service.” The issue raised by this appeal is whether a judgment creditor is required to provide the result of service in order to demonstrate entitlement to a turnover order under N.J.S.A. 2A:17-63 and the Court Rules. We hold that where a levy is properly made under R. 4:59-1(g) and R. 6:7-1(b), and service of the turnover motion has been made simultaneously by certified and ordinary mail at the debtors’ last known address, the application should be granted unless either mailing has been returned by the postal service for any of the reasons set forth in R. 6:2-3(d)(4) indicating that the debtor has not received the moving papers.

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