Unifund Ccr Partners, LLC, Assignee of Citibank, N.A. v. Angelo G. Battaglia
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 4, 2026
DocketA-1260-25
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1260-25
UNIFUND CCR PARTNERS,
LLC, ASSIGNEE OF
CITIBANK, N.A.,
Plaintiff-Respondent,
v.
ANGELO G. BATTAGLIA,
Defendant-Appellant.
_______________________
Submitted September 30, 2026 – Decided November 4, 2026
Before Judges Currier and Jacobs.
On appeal from the Superior Court of New Jersey, Law
Division, Middlesex County, Docket No. DC-008499-
13.
Central Jersey Legal Services, Inc., attorneys for
appellant (La Tanya R. Harry and Daniel I. Rubin, on
the brief).
Respondent has not filed a brief.
PER CURIAM
In this appeal, we decide whether a judgment debtor who already received
most of the $1,000 personal property exemption provided under N.J.S.A. 2A:17-
19 in response to an earlier levy on the same judgment may claim a fresh $1,000
exemption when the creditor later levies again on that same judgment. We
conclude the trial court properly limited the debtor to the unused balance of the
exemption for the judgment and affirm the court's November 13, 2025 order.
I.
Plaintiff Unifund CCR Partners, LLC, assignee of Citibank, N.A., sued
defendant, Angelo G. Battaglia, in the Special Civil Part to collect unpaid credit
card debt in May 2013. The court entered default judgment in 2014, in the
amount of $5,601.77.
Plaintiff later sought to enforce the judgment and levied against
defendant's bank account. Defendant objected. At the levy hearing that
followed in 2016, defendant acknowledged the validity of the underlying
judgment but stated he was unemployed and responsible for supporting his
elderly father and autistic child. The court determined the bank had levied
$1,348.40 from defendant's account, granted defendant an exemption in the
amount of $848.40 and permitted the levy to proceed as to the remainder, $500.
An April 7, 2016 order memorialized that result. The balance of the judgment
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remained largely unsatisfied, with defendant making some payments toward the
balance through a payment plan, according to defendant's later testimony.
In September 2025, plaintiff obtained a new writ of execution against
defendant's assets for an outstanding balance of $4,361.13. A second levy
followed in October 2025, after plaintiff secured $463 plus a $125 levy fee from
defendant's bank account. Once more, defendant filed an objection to the levy
using the court-supplied objection form and checking a box for exemption
labeled "[p]ersonal property up to $1,000." He did not check the box for Social
Security, child support, or any other exempt source.
The trial court heard the objection at a hearing in November 2025.
Defendant testified he was a single father responsible for supporting an autistic
child. He explained he had made payments on the judgment and wanted to
resume a payment plan but plaintiff would not accept an amount he considered
affordable. He said he received about $1,100 per month for serving as his child's
caretaker and earned wages of approximately $558 every two weeks.
After locating the 2016 order and determining defendant had already
received a personal property exemption toward the same judgment in the amount
of $848.40, the court noted an apparent intermingling of wages and social
security benefits in defendant's bank account. The court explained the
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consequence of defendant failing to submit bank statements or other
documentation needed to identify the source of the monies levied:
. . . [t]he problem is it's impossible for me . . . to
distinguish between the Social Security amount, which
is exempt, and the wages, which are not exempt. . . . So
the court's going to enter an order granting [defendant]
the [personal property] exemption in the amount of
$151.60, but then the balance would be turned over to
the creditor.
Defendant appeals, arguing the trial court misread N.J.S.A. 2A:17-19. He
contends the statute permits a debtor to claim up to $1,000 in exempt personal
property each time a creditor levies on the debtor's property. He stresses the
statute does not expressly impose a lifetime bar or a one-time aggregate cap. He
also argues that because the statute is remedial, it should be construed liberally
to protect debtors from destitution. In his view, a contrary reading would allow
a creditor to exhaust the exemption once and then use repeated levies to strip a
debtor of all protection.
II.
On appeal, we review the trial court's legal conclusions de novo. A trial
court's interpretation of a statute and the legal consequences flowing from
established facts receive no special deference. Rowe v. Bell & Gossett Co., 239
N.J. 531, 552 (2019) (citing Manalapan Realty, L.P. v. Twp. Comm. of
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Manalapan, 140 N.J. 366, 378 (1995)). We also review issues of statutory
interpretation de novo. Kocanowski v. Twp. of Bridgewater, 237 N.J. 3, 9
(2019) (citing State v. Fuqua, 234 N.J. 583, 591 (2018)). We consider the
statutory text first. If the language does not resolve the issue, we read the
provision in context with related sections and with its evident legislative
purpose. DiProspero v. Penn, 183 N.J. 477, 492-93 (2005).
N.J.S.A. 2A:17-19 is a personal property exemption provision that reads:
Goods and chattels, shares of stock or interests in any
corporation and personal property of every kind, not
exceeding in value, exclusive of wearing apparel,
$1,000.00, and all wearing apparel, the property of a
debtor shall be reserved, both before and after his death,
for his use or that of his family or his estate, and shall
not be liable to be seized or taken by virtue of any
execution or civil process whatever, issued out of any
court of this State.
On its face, the statutory text protects property from seizure by execution
or civil process. The provision does not expressly say whether the $1,000 limit
applies per levy, per judgment, or once for life. We therefore read it in context.
From its ruling, we deduce the trial court read the exemption to mean it
could not be repeatedly used in full against the same judgment after the debtor
had already received a benefit. Thus, after determining defendant received
$848.40 in 2016, the court concluded defendant could receive only the
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remaining $151.60 in 2025, for the total statutory limit of $1,000. We agree
with the trial court's interpretation.
The broader statutory scheme does not compel defendant's reading. The
Legislature chose a capped amount to apply to "any execution or civil process
whatever, issued out of any court of this State." Ibid. It did not create a rolling
exemption that automatically replenishes each time a creditor issues another writ
on the same judgment. Related provisions in N.J.S.A. 2A:17-26 address the
mechanics of inventory, valuation, and reservation of exempt property during
execution. Those provisions contemplate "several executions" on the same
judgment and speak in terms of making up any "deficiency" so as to "make the
amount reserved by law." Ibid. Such a structure is more consistent with a single
aggregate reserve as to the same judgment than with a fresh $1,000 exemption
each time a creditor levies anew.
This reading also fits the purpose of the statute. Our case law describes
the exemption as a remedial measure designed to protect a debtor from being
cast into utter poverty by execution. See Redick v. O'Brien, 191 N.J. Super.
614, 616 (Ch. Div. 1983). The statute preserves a modest cushion. It does not
erase the judgment, nor does it entitle a debtor to prevent collection indefinitely
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by asserting a $1,000 protection each time the creditor returns to enforce the
same unsatisfied obligation.
The record before us reflects the trial court's approach is consistent with
the statute's language and purpose. In 2016, defendant came to court and said
he was unemployed, unable to work, and caring for an autistic child. In
response, the court protected $848.40 from the levy and allowed collection only
as to the balance levied. The statute's protective function thus operated as
intended.
Nearly a decade later, defendant still owed $4,361.13, and plaintiff levied
on the same judgment. Defendant again described difficult financial
circumstances, stating he remained the caretaker for his child. However, he was
now employed, reporting earnings of about $558 every two weeks. The court
rejected defendant's wish to again invoke the $1,000 personal property
exemption in full and instead awarded the remaining $151.60 to which he was
entitled. Across the life of this judgment, defendant thus retained the full benefit
of the statutory reserve: $848.40 in 2016 and $151.60 in 2025, for a total of
$1,000.
We also find significance in the 2025 colloquy concerning the source of
the funds. Defendant suggested some deposits may have derived from his
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daughter's Social Security benefits. Had he proven that claim, a separate
exemption issue may have arisen. But defendant did not check the Social
Security box on the objection form, produced no bank statements, and offered
no tracing of deposits. The court expressly noted it could not distinguish exempt
federal benefits from wages and other funds. That finding rested firmly on the
record, and we see no basis to disturb it. The only exemption claim properly
established on this record was the personal property exemption under N.J.S.A.
2A:17-19. The court credited that claim to the extent of the remaining balance.
In sum, the statute does not direct the answer defendant urges. Read in
context, and applied to successive levies enforcing the same judgment, the trial
court's interpretation was reasonable, giving defendant the full protection
afforded under N.J.S.A. 2A:17-19 and allowing plaintiff to continue collecting
a judgment that remained largely unpaid for more than a decade.
Affirmed.
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