(a) Effect of Appearance. At any time before final judgment defendant may enter an appearance of record in the action, and thereafter no applying claimant may intervene. Notwithstanding the appearance, the lien of the attachment, unless discharged, shall continue in favor of the plaintiff and applying claimants theretofore admitted; and proceedings may be had with respect to the attached property.
Rule 4:60-12.Appearance; judgment
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-12 lets a defendant appear at any time before final judgment without disturbing the attachment lien already in place, and determines whether the resulting judgment is special (limited to the attached property) or general based on whether the defendant was served or appeared.
Full Text of Rule 4:60-12
(b) Special or General Judgment. If the defendant has not been legally served with summons in the action and does not enter an appearance therein, any judgment in favor of the plaintiff shall be special against the attached property only. If the defendant has been legally served with summons in the action or if the defendant has entered an appearance therein, any judgment in favor of the plaintiff shall be general.
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. 4:77-17(a) (b) (c); paragraph (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A defendant isn't locked out of the case just because property has already been attached. The defendant may enter an appearance any time before final judgment, and doing so doesn't unwind what's already happened — the attachment lien keeps protecting the plaintiff and any applying claimants already admitted, though no new applying claimant can join once the defendant has appeared.
What kind of judgment eventually comes out depends on that appearance. If the defendant was never legally served and never appeared, any judgment for the plaintiff reaches only the attached property — a special judgment. Once the defendant is legally served or appears, the judgment becomes a general one, reaching the defendant generally rather than just the seized assets.
Frequently Asked Questions
What's the difference between a special and a general judgment in an attachment case?
A special judgment reaches only the attached property and applies when the defendant was never legally served and never appeared; a general judgment applies once the defendant was legally served or entered an appearance.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-12). 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: special judgmentgeneral judgment in attachment