New Jersey § 40a:14-212

§ 40a:14-212.

a. If an officer or firefighter who is required to reimburse his employing agency

for pay received during a period of appeal pursuant to section 6 or section 11 of P.L.2009, c. 16 ( C.40A:14-205 or C.40A:14-210 ) fails to do so, the employing agency or department shall have a lien on any or all

property or income which that officer or firefighter shall have, or in which the officer

or firefighter may acquire, an interest, including moneys contributed by the officer

or firefighter to the Police and Firemen's Retirement System of New Jersey, established

pursuant to P.L.1944, c. 255 ( C.43:16A-1 et seq. ) or any other State retirement system established by law, and all terminal pay, such

as compensation for earned sick and vacation leave, to which the officer or firefighter

is entitled. When properly filed as hereinafter provided, the lien shall have priority over all

unrecorded encumbrances. b. The lien shall be in a form to be prescribed by the Attorney General and shall

contain the name of the affected law enforcement agency, the name and address of the

officer or firefighter, the date of the officer's or firefighter's termination, the

date the officer or firefighter was ordered to reimburse his employing agency or department,

the amount due and payable as reimbursement on the date of the filing of the lien,

together with notice of the rate of accumulation, if any, thereafter. The lien shall be signed by the State Treasurer or chief financial officer of the

county or municipality, as appropriate, or his duly constituted agent. c. As an additional remedy, the State Treasurer, or the chief financial officer of

the county or municipality, as the case may be, may issue a certificate to the clerk

of the Superior Court stating that the person identified in the certificate is indebted

under the provisions of P.L.2009, c. 16 ( C.40A:14-200 et al.) for the amount set forth in the certificate. The certificate shall reference P.L.2009, c. 16 ( C.40A:14-200 et al.), the statute under which the indebtedness arises. Thereupon the clerk shall immediately enter upon the record of docketed judgments

the name of that officer or firefighter as debtor; the State, county, or municipality,

as appropriate, as creditor; the address of the officer if shown in the certificate;

the amount of the debt so certified; a reference to P.L.2009, c. 16 ( C.40A:14-200 et al.), the statute under which the debt is assessed; and the date of making such

entries. The docketing of the certificate shall have the same force and effect as a civil

judgment docketed in the Superior Court and the State, county, or municipality, as

the case may be, shall have all the remedies and may take all of the proceedings for

the collection thereof which may be had or taken upon the recovery of a judgment in

action, but without prejudice to any right to appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in

accordance with the provisions of this subsection, interest in the amount specified

by court rule for post-judgment interest shall accrue from the date of the docketing

of the certificate; provided, however, payment of the interest may be waived by the

State Treasurer, or the chief financial officer of the affected county or municipality. In the event that the debt remains unpaid following the issuance of the certificate

of debt and either the State Treasurer, or the chief financial officer of the affected

county or municipality take any further collections action including referral of the

matter to the Attorney General, or his designee, or the appropriate county or municipal

official, or his designee, as the case may be, the fee imposed in lieu of the actual

cost of collection, may be 20% of the debt or $200, whichever is greater. d. The clerk of the Superior Court shall provide suitable books in which shall be

entered copies of the liens filed pursuant to this section. The entries shall be properly indexed in the name of the officer or firefighter

subject to the lien. All liens and other papers incidental thereto required for the purposes of this section

shall be received and recorded by the clerk of the Superior Court, without payment

of fees. e. To discharge any lien or liens filed pursuant to this section, the State Treasurer

or the chief financial officer of the affected county or municipality, or his duly

constituted agent, shall file with the clerk of the Superior Court, a duly acknowledged

certificate setting forth the fact that the State, county or municipality desires

to discharge the lien of record. The State Treasurer or the chief financial officer of the affected county or municipality

is authorized to compromise for settlement any lien filed under the provisions of

this section. A memorandum of compromise and settlement signed by the State Treasurer or the chief

financial officer of the affected county or municipality shall be sufficient authorization

for a complete discharge of the lien. f. Any person desiring to secure immediate discharge of any lien may deposit with

the court cash in an amount sufficient to cover the amount of the lien, or post a

bond in an amount and with sureties approved by the court. Upon proper notice to the State or the affected county or municipality of such deposit

or bond, a satisfaction of the lien shall be filed forthwith with the clerk of the

Superior Court. g. Any person affected in any manner, whether directly or indirectly by any lien filed

under the provisions of this section, and desiring to examine the validity of the

lien or the facts and circumstances surrounding the entry of the lien, may do so in

an action brought in the county where the lien was filed. The action shall be brought against the State, county or municipal law enforcement

agency or department claiming the lien, and the court may proceed in the action in

a summary manner and enter such judgment as it may deem appropriate.