N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-5
Distraint for levying of penalty inflicted or money directed to be paid by law; warrant and sale by judge or magistrate
Operative Text
Where any judge or magistrate is required or authorized to issue a warrant of distress for the levying of a penalty inflicted, or sum of money directed to be paid by any law, and no mode is provided for the disposal of the distress, the judge or magistrate may order the chattels, to be so distrained, sold and disposed of within the time to be limited in the warrant, which time shall not be less than 4 nor more than 10 days, unless the penalty or sum of money, together with reasonable charges, to be taxed by the judge or magistrate, of taking and keeping the distress, be sooner paid. Reasonable charges of taking, keeping and selling the distress, to be taxed as aforesaid, shall be deducted by the officer making the distress out of moneys arising from the sale, and the overplus, if any, after such charges, and also said penalty or sum of money shall be satisfied and paid, shall be returned on demand to the owner of the chattels so distrained. The officer executing the warrant shall show the same to the person whose chattels are distrained, and give him a copy thereof.
N.J.S.A. 2A:33-1 et seq. § 2A:33-5 establishes the procedure by which a judge or magistrate may authorize the seizure and sale of personal property (chattels) to collect a legally imposed penalty or required payment when no other disposal method is specified by law. The sale must occur within a window of no fewer than 4 and no more than 10 days after the warrant is issued, unless the owed amount plus reasonable, court-taxed charges is paid before the sale takes place. Any money remaining after the penalty and allowable charges are satisfied must be returned to the property owner upon demand, and the officer carrying out the warrant must show it to the affected person and provide a copy.
Plain English — not legal advice.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-5, property owners and managers should be aware that this statute governs a formal legal process — not a self-help remedy — requiring judicial or magisterial authorization before any personal property can be seized and sold to satisfy a penalty. Compliant operators generally keep clear records of any legally imposed obligations and respond promptly to any warrant or distress proceeding to avoid escalation to a sale. Because the statute requires the executing officer to present and copy the warrant to the affected party, operators involved in such proceedings can expect formal notice before any sale occurs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:33-1 et seq. § 2A:33-5 provides important procedural protections for anyone whose personal property is subject to a distress warrant: the officer must show you the warrant and give you a written copy, and any sale of your chattels cannot occur in fewer than 4 days. If the penalty and reasonable charges are paid before the sale date, the distress must be lifted, and any proceeds from a completed sale that exceed the penalty and taxed charges must be returned to you on demand. Tenants who believe these procedures have not been followed may wish to consult a tenant-rights organization or legal aid office familiar with New Jersey distress law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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