- 4:60-1-Definitions 4:60-1 As used in R. 4:60, "plaintiff" includes any party asserting a claim in a complaint, counterclaim, cross-claim, third-party complaint or any other pleading, upon whose application a writ of attachment is issued. "Defendant" includes any party against whom any such claim is asserted. "Applying claimant" includes any person having a claim against the defendant who shall have been admitted as a party by court order. Note: Source-R.R. 4:77-1. Part 4
- 4:60-2-Commencement of Action; Venue 4:60-2 An action in which a writ of attachment is sought shall be commenced by filing a complaint. Venue in such an action in the Superior Court shall be governed by R. 4:3-2, except that if no mandatory provision thereof is applicable, venue shall be laid in any county in which any of the real or personal property to be attached is situated. Note: Source-R.R. 4:77-3, 4:77-4. Part 4
- 4:60-7-Levy 4:60-7 The sheriff shall make the levy within 30 days from the date of the writ, in the following manner: In the case of tangible personal property in the possession of a bailee for which a negotiable document of title is outstanding, by complying with the provisions of N.J.S. 12A:7-602, and serving a certified copy of the writ upon the bailee. In the case of tangible personal property other than personal property referred to in paragraph (a) of this rule, by taking the same into custody or by serving a certified copy of the writ upon the person holding the same. In the case of choses in action evidenced by negotiable commercial paper, by taking the said paper into custody, or by serving a certified copy of the writ upon the person owing the same and also serving upon the person in possession of said paper an order of the court enjoining its negotiation. In the case of negotiable investment securities, by complying with the provisions of N.J.S. 12A:8-317. In the case of choses in action not referred to in paragraphs (c) or (d) of this rule, by serving a certified copy of the writ upon the person owing the same. In the case of legacies or distributive shares in an estate of a decedent or a beneficial interest in a trust, by serving a certified copy of the writ upon the fiduciary. In the case of real property, by endorsing upon the writ a description of the property, and by serving a certified copy of the writ upon any person in possession of the same, provided, however, that failure to complete a levy as herein provided shall not defeat the lien of the writ as provided in N.J.S. 2A:26-9. The copy of the writ to be served pursuant to the preceding paragraphs of this rule, shall be certified to be a true copy by the Clerk of the Superior Court, a deputy clerk of the Superior Court or by an attorney. Note: Source-R.R. 4:77-12; paragraph (h) amended June 28, 1996 to be effective September 1, 1996. Part 4
- 4:60-8-Inventory and Return 4:60-8 The sheriff shall make a true inventory of all real property attached and an appraisement of all personal property attached and shall endorse upon the writ and duplicate thereof each levy made and the date thereof, and shall annex thereto a copy of the inventory and appraisement. The sheriff shall file the same with the court and mail to the plaintiff or plaintiff's attorney within 5 days after the levy a notice of the levy and a copy of the inventory and appraisement. Note: Source-R.R. 4:77-13; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:60-9-Notice to Defendant; Defense 4:60-9, Time for Service of Notice., Within one week after the sheriff's return is filed or within such time as fixed by court order, plaintiff shall serve upon the defendant notice of the attachment together with a copy of the order for attachment, the affidavits upon which the order was based and the complaint, if they have not previously been served upon defendant. , Contents of Notice., The notice shall specify at whose suit, against whose property, and for what amount the attachment was issued; describe the property attached; state when the attachment was returned and the time within which the defendant is required to serve and file an answer or move against the complaint, the writ of attachment or the sheriff's return thereunder; and the name and address of the attorney or party upon whom the answer or motion is required to be served. , Service., Service of the notice upon a defendant who has previously appeared in the action shall be made as provided by R. 1:5-2, upon a defendant who has not previously appeared in accordance with R. 4:4-4 or R. 4:4-5, or upon any defendant, as the court by order directs. If service cannot be made except by publication, a copy of the complaint, order for attachment and affidavits upon which the order was based need not be served, but plaintiff shall furnish defendant or defendant's attorney with a copy thereof within 5 days after written request therefor. Note: Source-R.R. 4:77-14(a)(b)(c)(d)(e)(f). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994. Part 4