What Is the Deadline to Claim Surplus Funds in New Jersey?
Under N.J.S.A. 46:30B‑45 and Court Rule 4:64‑3, surplus funds remain with the Superior Court Trust Fund for 10 years from the sheriff’s sale date. After 10 years the funds escheat to the State of New Jersey.
Why You Should File Well Before 10 Years
- No interest accrues while the funds sit with the court.
- Junior creditors can file competing claims at any time.
- Death‑estate paperwork becomes harder to gather as years pass.
Tolling for Military Service
If the owner was on active military duty at the time of sale, the Servicemembers Civil Relief Act may toll the deadline.
Practical Timeline
Sale Date | Day 0 |
File Motion | Day 0 – 365 ideally |
Escheat Risk | After Year 10 |
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