Rule 4:55.Discharge of insolvent debtors

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:55 lets an insolvent debtor seek discharge from imprisonment through a summary action, requiring a complaint that fully inventories the debtor's estate and lists every creditor, served on the party who had the debtor arrested and on each creditor.

Full Text of Rule 4:55

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An action by an insolvent debtor for discharge from imprisonment shall be brought pursuant to R. 4:67 (summary actions). The complaint shall set forth a just and true account of the debtor’s full real and personal estate, a full and true inventory of all the debtor’s deeds, bonds, notes, books of account, vouchers and securities whatsoever, and a list of all creditors, with the moneys due and owing to each of them, to the best of the debtor’s knowledge. Service of the order to show cause shall be made on the plaintiff or plaintiff’s attorney at whose suit the insolvent debtor is imprisoned or was arrested, and also on each of the creditors, in the manner provided by R. 4:67-3.

End

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. 4:70; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

An insolvent debtor facing imprisonment has a path out, brought as a summary action under Rule 4:67. The complaint has to lay out a full and honest account of the debtor's real and personal estate, a complete inventory of deeds, bonds, notes, books of account, vouchers, and securities, and a list of every creditor and what's owed to each, to the best of the debtor's knowledge.

The order to show cause that follows goes to the party at whose suit the debtor was imprisoned or arrested, along with every creditor on that list, served the same way Rule 4:67-3 requires.

Frequently Asked Questions

How does an insolvent debtor seek release from imprisonment in New Jersey?

By bringing a summary action under Rule 4:67, with a complaint fully inventorying the debtor's estate and listing every creditor, served on the party who had the debtor arrested and on each creditor.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:55). 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: discharge from imprisonment for debtinsolvent debtor relief