Whenever 2 or more plaintiffs in separate actions shall obtain writs of attachment against the same defendant and levy upon the same property, the several actions may be consolidated for the purpose of determining the disposition of the attached property. The plaintiff whose writ of attachment first became a lien on the property shall be deemed to be the plaintiff in the consolidated action and all other plaintiffs shall be in the position of applying claimants. If such actions are pending in the same court and are triable in the same county or vicinage, the order of consolidation shall be made by any judge sitting in the court. If any of such actions are pending in different courts or are triable in different counties or vicinages, the order of consolidation shall be made by the Assignment Judge of the county where the first writ of attachment was issued, and the procedure shall be governed by R. 4:38-1 insofar as applicable.
Rule 4:60-16.Consolidation of actions
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-16 lets multiple attachment actions against the same defendant and the same property be consolidated, with the plaintiff whose writ became a lien first treated as the lead plaintiff and the rest as applying claimants.
Full Text of Rule 4:60-16
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. 4:77-21(a) (b) (c).
Plain-English Summary
When two or more plaintiffs each attach the same defendant's property in separate lawsuits, the cases don't have to proceed on separate tracks. They can be consolidated to sort out what happens to the property, with whichever plaintiff's writ became a lien first treated as the plaintiff in the consolidated case and everyone else folded in as applying claimants.
Who orders the consolidation depends on where the cases sit. If they're all pending in the same court and triable in the same county or vicinage, any judge sitting there can consolidate them. If they're spread across different courts, counties, or vicinages, the Assignment Judge for the county where the first writ issued handles it, following the general consolidation procedure.
Frequently Asked Questions
What happens when several plaintiffs attach the same property in separate lawsuits?
The actions may be consolidated, with the plaintiff whose writ became a lien first treated as the lead plaintiff and the others as applying claimants.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-16). 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: consolidating attachment actions