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SMITH v. LOPEZ

304 N.J. Super. 26 (1996)

KATHLEEN SMITH, PLAINTIFF, v. PAUL LOPEZ, DEFENDANT.

Superior Court of New Jersey, Chancery Division Family Part Essex County.

Decided November 13, 1996.

Attorney(s) appearing for the Case

Howard Felsenfeld, for plaintiff.

Seth Josephson, for defendant.

DELEHEY, J.S.C.

This case presents a simple issue: Following the auction of assets at a sheriff's sale, how is the amount of credit against the judgment determined? By the highest bid at the sheriff's sale? By the fair market value of the items sold? Or, by some other guideline or formula?

Defendant-judgment debtor, Paul Lopez, seeks credit predicated upon the fair market value of his automobile sold at a sheriff...

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