First Resolution Investment Corp. v. Seker, 171 N.J. 502

Summary

The Supreme Court of New Jersey held that a creditor's proof of service was adequate when notice of a wage-execution application was sent by certified and regular mail to the debtor's last known address, even though the certified mail was returned marked "unclaimed." The Court overruled Morristown Memorial Hospital v. Tureo and adopted the more permissive approach of Morristown Memorial Hospital v. Caldwell. It also directed revisions to wage-execution notices to inform debtors of their continuing right to challenge the execution and related hearing rights.

Holdings

1. A creditor's proof of service is adequate under Rules 4:59-1(d), 1:5-2, and 1:5-3 when it certifies that notice was mailed by certified and ordinary mail to the debtor's last known address; the certification need not state the result of the certified mailing.
2. The existing wage-execution procedure and notice satisfy due process because the debtor receives reasonably calculated notice and an opportunity to object; the Constitution does not require the notice to include every available post-execution objection and hearing procedure.
3. Although not constitutionally required, wage-execution notices should inform debtors of their continuing right to object after issuance of the execution; the revised language applies only to notices arising from judgments entered after May 8, 2002.

Questions Presented

1. Whether a creditor's proof of service for a post-judgment wage-execution application is adequate when certified mail is returned marked "unclaimed" but regular mail sent simultaneously to the debtor's last known address is not returned.
2. Whether due process requires a wage-execution notice to inform the debtor of the right to object after the execution is issued and to receive a hearing within seven days of an objection.
3. Whether revised wage-execution notice language should be required retroactively in the present case.

Disposition

reversed