(a) Order of Admission. At any time before the defendant shall have entered an appearance of record in the action, any person having a liquidated or unliquidated claim against the defendant, whether the claim is due or not, may apply to the court to be admitted as an applying claimant under the attachment, on verified complaint entitled in the action, and on notice to the plaintiff and to all applying claimants previously admitted, and the court shall make an order admitting such claimant upon prima facie proof of the cause of action alleged.
Rule 4:60-15.Applying claimants
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-15 lets anyone with a claim against the defendant join the action as an applying claimant before the defendant appears, on prima facie proof, and then share proportionally with the plaintiff in any surplus left over from the attached property after costs and the plaintiff's judgment are paid.
Full Text of Rule 4:60-15
(b) Notice of Order. Within 10 days after the date of the order admitting the claimant as a party to the action, or within such other period of time as the court may designate in the order, the applying claimant shall serve notice thereof and, if possible, a copy of the verified complaint and order of admission as a party to the action upon the defendant in the same manner as hereinabove provided for the service by the plaintiff of notice of the attachment, and the defendant shall have the same time after such service within which to answer or move against the complaint as is allowed for answering the plaintiff’s complaint.
(c) Proceedings After Admission. Proceedings on the claims of applying claimants shall not suspend or affect the course of the plaintiff’s action against the defendant. Each applying claimant may defend against the claim of the plaintiff and of any other applying claimant by serving and filing notice of contest of such claim at least 10 days prior to the time fixed for the trial or proof thereof. Pending final judgment as to all claims, any surplus funds available to be applied to the judgments of applying claimants may be ordered retained by the sheriff or other officer holding the same subject to court order, or may be ordered paid into court to be paid out on court order.
(d) Special or General Judgment. If the defendant does not enter an appearance in the action, any judgment in favor of an applying claimant shall be special against the attached property only. If the defendant enters an appearance in the action, the claim of each applying claimant previously admitted to the action shall proceed in the same manner as a separate action and any judgment obtained against the defendant shall be a general judgment.
(e) Participation in Proceeds. Applying claimants shall participate, in proportion to but not in excess of their respective judgments against the defendant and costs, in the surplus, if any, of the proceeds of the attached property after the payment of costs and charges directed by court order to be paid therefrom and after payment of the plaintiff’s judgment and costs, if any.
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. 4:77-20(a) (b) (c) (d) (e) (f) (g) (h) (i) (j); paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
An attachment can end up serving more than one creditor. Before the defendant enters an appearance, anyone with a claim against that defendant — liquidated or not — can apply to join as an applying claimant, on a verified complaint and notice to the plaintiff and any earlier applying claimants; the court admits the claimant on nothing more than prima facie proof of the claim.
Once admitted, the applying claimant has to notify the defendant the same way the plaintiff did, and the defendant gets the same time to respond. Admission doesn't slow down the plaintiff's own case, but each applying claimant can contest another's claim by filing a notice of contest before trial. In the end, if there's a surplus left after costs and the plaintiff's judgment are paid, applying claimants share it in proportion to their own judgments, never collecting more than what they're owed.
Frequently Asked Questions
Can more than one creditor benefit from a single attachment?
Yes, by applying to join as an applying claimant against the defendant before the defendant appears, on prima facie proof of the claim.
How is surplus from attached property divided among multiple claimants?
Applying claimants share the surplus in proportion to their own judgments and costs, after the plaintiff's judgment and costs are paid, and never more than what they're owed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-15). 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: applying claimant procedurejoining an attachment action