New Jersey § 12a:2a-308

Full text of New Jersey New Jersey Statutes § 12a:2a-308, with citation guidance and answers to common questions.

§ 12a:2a-308.

(1) A creditor of a lessor in possession of goods subject to a lease contract may

treat the lease contract as void if as against the creditor retention of possession

by the lessor is fraudulent under any statute or rule of law, but retention of possession

in good faith and current course of trade by the lessor for a commercially reasonable

time after the lease contract becomes enforceable is not fraudulent. (2) Nothing in this chapter impairs the rights of creditors of a lessor if the lease

contract (a) becomes enforceable, not in current course of trade but in satisfaction

of or as security for a pre-existing claim for money, security, or the like, and (b)

is made under circumstances which under any statute or rule of law apart from this

chapter would constitute the transaction a fraudulent transfer or voidable preference. (3) A creditor of a seller may treat a sale or an identification of goods to a contract

for sale as void if as against the creditor retention of possession by the seller

is fraudulent under any statute or rule of law, but retention of possession of the

goods pursuant to a lease contract entered into by the seller as lessee and the buyer

as lessor in connection with the sale or identification of the goods is not fraudulent

if the buyer bought for value and in good faith.

Frequently Asked Questions About New Jersey § 12a:2a-308

What does New Jersey Statutes § 12a:2a-308 cover?

Section 12a:2a-308 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 12a:2a-308?

A common citation format is "New Jersey Statutes § 12a:2a-308" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 12a:2a-308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.