Search Rutgers Law Library N.J. Court Opinions

1 BTD-1996, NPC 1 L.L.C. v. 350 WARREN L.P. -- rank: 1000

... from a judgment entered on April 19, 1999, declaring that " N.J.S.A. 22A:4-8 as applied to the commissions sought by the Hudson County ... is entitled to the statutory commission or fee provided in N.J.S.A. 22A:4-8 when a judicially ordered sale does not go forward by ... Resolution Trust Corp. v. Lanzaro , 140 N.J. 244 (1995). N.J.S.A. 22A:4-8, entitled "Fees and mileage of sheriffs and other officers," in ... held the statute to be unconstitutional as applied, concluding:         that N.J.S.A. 22A:4-8 is unconstitutional as applied to the plaintiff in this case ... the standards established by federal law, the charge authorized by N.J.S.A. 22A:4-8 was a "fee" or a "tax." This was because under ... of the Supreme Court's analysis that the fee under N.J.S.A. 22A:4-8, even though used to help defray the cost of ...

docket:	a5061-98
court:	njappellate
decided:	2000-08-03
status:	published
citation:	333 N.J.Super. 476
Document Size:	50369

2 BTD-1996 NPC L.L.C., a Delaware Limited Liability Company v. 350 WARREN L.P., a New Jersey Limited Partnership -- rank: 933

... holding unconstitutional as applied to plaintiff BTD a provision of N.J.S.A. 22A:4-8 authorizing the collection of a Sheriff's fee based on ... the Sheriff's office cancel the sale. Thereafter, pursuant to N.J.S.A. 22A:4-8, is intended primarily to raise revenue, and not to compensate ... the Chancery Division's conclusion (that the charge authorized by N.J.S.A. 22A:4-8 is intended primarily to raise revenue, and not to compensate ... 2000), holding unconstitutional as applied to plaintiff a provision of N.J.S.A. 22A:4-8 authorizing the collection of a Sheriff's fee based on ... 479. Moreover, absent any procedural challenge to the enactment of N.J.S.A. 22A:4-8, the Sheriff sent BTD an invoice for $30,408.64 ... the Chancery Division dismissed the Sheriff's application, holding that N.J.S.A. 22A:4-8, as applied to BTD, imposed a tax, and that ...

docket:	a-62-00
court:	njsupreme
decided:	2001-11-14
status:
citation:	170 N.J. 90
Document Size:	50225

3 BARBARA MCLAREN v. THE UPS STORE, INC -- rank: 843

... receive' certain amount for 'attending . . . daily sessions' of Superior Court); N.J.S.A. 22A:4-8 (enumerating fees that sheriffs 'shall receive' for various services); N ... 19 in other provisions of Chapter 4 of Title 22A. N.J.S.A. 22A:4-8, for example, provides that an 'aggrieved' party may file suit ...

docket:	a1612-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-22
status:	Unpublished
citation:
Document Size:	45698

4 RESOLUTION TRUST CORPORATION V. LANZARO -- rank: 801

... the amount of $275,075. The fee is authorized by N.J.S.A. 22A:4-8 for services rendered by the Sheriff at the execution sale ... bidder pay the Sheriff's fee computed in accordance with N.J.S.A. 22A:4-8. RTC was the successful bidder and signed the conditions of sale.     Pursuant to N.J.S.A. 22A:4-8, the Sheriff's fee was $275,075. The Sheriff prepared ... that the Sheriff was barred from assessing fees authorized by N.J.S.A. 22A:4-8 against RTC in its capacity as receiver of a failed ... the amount of $275,075. The fee is authorized by N.J.S.A. 22A:4-8, for services rendered by the Sheriff at the execution sale ... would pay the Sheriff's fee computed in accordance with N.J.S.A. 22A:4-8. Competitive bidding ensued between RTC and the holder of ...

docket:	a-53-94
court:	njsupreme
decided:	1995-05-15
status:
citation:	140 N.J. 244
Document Size:	47169

5 REGENCY SAVINGS BANK, F.S.B. v. SOUTHGATE CORPORATE OFFICE CENTER, et al. -- rank: 701

... the amount of the fee due to the sheriff under N.J.S.A. 22A:4-8. The sheriff based his fee claim on the amount of ... in a fee of over $730,000. Regency contended that N.J.S.A. 22A:4-8 is unconstitutional and that the sheriff's claim was untimely ... to compensation in connection with execution sales is governed by N.J.S.A. 22A:4-8, which contains these pertinent provisions: When a sale is made ... a settlement with defendant, the sheriff's percentage fee under N.J.S.A. 22A:4-8 must be based, not on the amount of the judgment ... the court shall direct by general rule or special order . . . ." N.J.S.A. 22A:4-8. Next, Regency notes that the applicable court rule requires filing ... the time the settlement "is made manifest" to the sheriff. N.J.S.A. 22A:4-8. Finally, Regency says that it made the settlement manifest ...

docket:	A1757-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-25
status:	published
citation:
Document Size:	52731

6 /usr/local/share/www/libweb/collections/courts/appellate/a3739-13.opn.html -- rank: 647

... 17,073.77 the MCSO claims it earned pursuant to N.J.S.A. 22A:4-8. We reverse. I On December 5, 2008, the court entered ... 2012, the MCSO asserted a claim for fees pursuant to N.J.S.A. 22A:4-8 in the amount of $17,073.77. Defendants filed a ... argues it earned and is entitled to a fee under N.J.S.A. 22A:4-8, which plaintiff – or defendant under its agreement with plaintiff ... s real property. N.J.S.A. 2A:17-1. N.J.S.A. 22A:4-8 provides that When a sale is made by virtue of ... the property for sale. Accordingly, it earned its fee under N.J.S.A. 22A:4-8. The provision in the March 12, 2014 order finding the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20497

7 ANDREW JACOBY et al. v. BENIGNO ESEO, EVELYN ZARIS, individually and as EXECUTRIX of the LAST WILL & TESTAMENT OF LOUIS ZARIS, DECEASED, et al. -- rank: 493

... While these cases, of ancient origin, involved prior versions of N.J.S.A. 22A:4-8, the principle espoused remains inviolate _ that the Sheriff may not ... the RTC was exempt from payment of such fees under N.J.S.A. 22A:4-8. The Court concluded:         Irrespective of its statutory designation as a ... before us; however, a proper focus of any analysis of N.J.S.A. 22A:4-8 requires a recognition of the benefit afforded to the creditor ...

docket:	a3614-98
court:	njappellate
decided:	2000-03-13
status:	published
citation:	329 N.J.Super. 119
Document Size:	12850