A plaintiff who has obtained a judgment for possession of real property, or the plaintiff’s personal representative, is not precluded from bringing a subsequent action for the recovery of mesne profits and damages.
Rule 4:42-5.Effect of judgment for possession
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-5 confirms that a plaintiff who has won a judgment for possession of real property may still bring a later action for mesne profits and damages.
Full Text of Rule 4:42-5
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:79-7; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A judgment for possession settles who has the right to the property, but it does not close out every related claim. Rule 4:42-5 makes clear that a plaintiff who obtained possession, or that plaintiff's personal representative, remains free to bring a separate, later action to recover mesne profits and damages tied to the wrongful possession.
That later action stays open regardless of how the possession judgment came out, so a plaintiff does not have to bundle a damages claim into the possession case to preserve it.
Frequently Asked Questions
Can a plaintiff still sue for damages after winning a possession judgment?
Yes. Rule 4:42-5 keeps that door open — winning possession does not preclude a later action for mesne profits and damages.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: mesne profitsjudgment for possessionaction for mesne profits and damages