Commercial Law Keyed to Lopucki
Vitale v. Hotel California, Inc
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Plaintiff obtained a final judgment against Defendant and thereafter learned that Defendant held a liquor license for “The Fast Lane,” (the “Bar”), a bar located in New Jersey. A writ of execution was issued and delivered to Sheriff along with a cover letter from Plaintiff instructing him to levy upon all monies and personal property at the Bar. A check was included for costs. The sheriff’s office indicated that a levy was not possible since the Bar was only open from 10pm to 2am and the writ would be returned unsatisfied. Plaintiff insisted that it was necessary to proceed on levy during the open hours. The deputy sheriff stated that he went to the Bar with a police officer and was denied entrance by the Bar’s bouncers. Fearing violence might ensue, the officers left. Plaintiff advised the deputy to make the levy and arrest anyone for interfering with the execution pursuant to the officer’s statutory authority. The deputy informed Plaintiff that to enter the establishment he would need a court order. The New Jersey Superior Court so ordered. The deputy returned to the bar and seized $714 in cash and other personal property. The deputy then refused to make further levies. Plaintiff consulted with County counsel and threatened to seek amercement. This action followed. Meanwhile Plaintiff discovered and levied a corporate account but was unsuccessful as the account was overdrawn.
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