(a) Where No Summons Is Served. A defendant who has not been served with summons in the action shall serve and file an answer, or move against the complaint, the writ of attachment or the sheriff’s levy thereunder within 35 days after service or publication of the notice of attachment, or within such time as has been fixed by order of the court.
Rule 4:60-10.Time to defend
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-10 gives a defendant who hasn't appeared 35 days after service or publication of the attachment notice to answer or move, while a defendant who has already appeared and is defending the case may move against the attachment at any time before final judgment.
Full Text of Rule 4:60-10
(b) Where Summons Is Served. A defendant who has been served with summons in the action but has not appeared therein or has failed to defend the same shall move against the attachment or the sheriff’s levy thereunder within 35 days after service of the notice of the attachment and levy, or if service is made by publication alone, then within 35 days after the publication.
(c) Where Defendant Appears and Defends. A defendant who appears in the action and defends the same may move against the attachment or levy at any time before final judgment as provided by R. 4:60-11.
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. 4:77-15(a) (b) (c). Paragraphs (a) and (b) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
How much time a defendant gets to respond to an attachment depends on where things stand in the case. A defendant never served with a summons has 35 days after service or publication of the attachment notice to answer or move against the complaint, the writ, or the levy. A defendant who was served with a summons but hasn't appeared or defended gets the same 35 days, measured from service of the attachment notice or from publication.
A defendant who has already appeared and is defending the case isn't on that clock at all — that defendant may move against the attachment or the levy at any time before final judgment, under the procedure Rule 4:60-11 sets out.
Frequently Asked Questions
How long does a defendant have to respond to a writ of attachment?
Generally 35 days after service or publication of the notice of attachment, though a defendant who has already appeared and is defending the case may move against the attachment at any time before final judgment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-10). 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: deadline to respond to attachment