(a) Effect of Motion. Any attack by the defendant upon the writ of attachment or the levy shall be by motion and shall not constitute a general appearance. No objection raised by a defendant in a motion is waived by being joined with an objection to the complaint as to whether it states a claim upon which relief can be granted, or with any other objection.
Rule 4:60-11.Motion to vacate writ or levy
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-11 lets a defendant challenge a writ of attachment or levy by motion without making a general appearance, puts the burden of proof on the plaintiff, and lets the court vacate a wrongly issued writ or correct a defective levy without ending the underlying action.
Full Text of Rule 4:60-11
(b) Proof on Motion. Upon such motion, proof may be presented by affidavits, depositions, or oral testimony. The burden of proof shall be on the plaintiff. The court may allow amendments and the submission of additional affidavits or other proof to sustain the writ or levy. All questions of fact and law shall be determined by the court without a jury.
(c) Vacation; Discharge. If the court finds that the writ of attachment should not have issued, it shall order it vacated and the levy discharged. If it finds that the levy is defective, it may order it discharged or corrected.
(d) Continuation of Action. The action shall not abate by reason of the discharge of the levy or vacation of the writ of attachment, and the court may order the issuance of other process or a new writ of attachment as the circumstances require.
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. 4:77-16(a) (b) (c) (d) (e).
Plain-English Summary
Challenging an attachment doesn't require the defendant to submit to the court's jurisdiction generally — the challenge is made by motion, and it stays a limited appearance even if it's combined with other objections to the complaint. The plaintiff carries the burden of proving the writ was properly issued, through affidavits, depositions, or live testimony, and the court alone — not a jury — decides every question of fact and law the motion raises.
If the court finds the writ never should have issued, it vacates the writ and discharges the levy; if only the levy itself is defective, the court can discharge or correct it. Either way, the underlying action survives — vacating the writ or discharging the levy doesn't kill the case, and the court can order a new writ or other process if the circumstances still call for it.
Frequently Asked Questions
Does moving to vacate a writ of attachment count as a general appearance?
No. The motion itself does not constitute a general appearance, even if joined with other objections to the complaint.
Who has the burden of proof on a motion to vacate a writ of attachment?
The plaintiff.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-11). 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: motion to vacate writ of attachmentmotion to discharge levy