52:4B-30. Payment of money from escrow account; priorities; liens
and judgments
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If a person is not
convicted of committing a crime, the board shall immediately
pay over all moneys in the escrow account to the person, subject
to any outstanding or pending liens or judgments. If the person
is convicted, the board shall pay over the moneys according
to the following priorities:
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Civil judgments
of the victim or the victim's representative, which shall
be apportioned among these judgment holders, if there is
insufficient money in the account to pay each judgment in
full. Any money received by the victim or the victim's representative
as a result of a judgment in a prior civil action relating
to the crime shall be set off against any amount due to
be paid from the fund.
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Restitution ordered
by the court, pursuant to the New Jersey Code of Criminal
Justice.
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Other judgment
creditors of the accused.
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Reasonable costs
incurred by the Victims of Crime Compensation Agency in connection
with the administration of the provisions of this act.
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The remainder
of the moneys in the escrow account shall be paid to the
Victims of Crime Compensation Agency for use in satisfying
claims filed pursuant to the "Criminal Injuries Compensation
Act of 1971," P.L.1971, c. 317 (C. 52:4B-1 et seq.).
If there is a dispute as to the respective priority of or
the apportionment due a judgment creditor, the board shall
apply to Superior Court for a declaratory judgment, with
proper notice given to all parties.
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No payment shall
be made pursuant to subsection a. (5) until five years have
elapsed from establishment of the escrow account or final disposition
of any action brought by any victim or victim's representative
pursuant to this act.
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Moneys in the escrow
account shall not be subject to execution, levy attachment or
lien, except in accordance with the priority of claims established
in subsection a.
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