(a) Orders to Preserve Property. The court shall fix the compensation and other costs and expenses of safekeeping the personal property attached, and shall provide for payment thereof by the parties or out of the proceeds of the attached property. The court may order sale of personal property before judgment and may order the sheriff to take possession of attached real estate, to collect the rents, issues and profits thereof, and to manage the same. The court may order the institution and prosecution of appropriate actions and proceedings by the sheriff to obtain possession of any attached property in the hands of a third person, including the collection of attached choses in action, trust income or corpus, and legacies or distributive shares in the estate of a decedent, and may make such further orders as are necessary to protect and preserve the attached property pending the determination of the proceedings.
Rule 4:60-17.Auxiliary proceedings
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-17 lets the court order the sale or management of attached property before judgment, direct the sheriff to collect income from it or sue third parties holding it, and appoint a receiver to take over those duties.
Full Text of Rule 4:60-17
(b) Appointment of Receiver. The court may appoint a receiver of any attached real or personal property and may direct the sheriff to deliver the same to such receiver and may empower the receiver to perform any of the aforesaid duties and any other acts necessary to preserve the property, to collect attached assets, and to apply them as the court directs.
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. 4:77-22(a) (b).
Plain-English Summary
Attached property sometimes needs active management while a case plays out, not just safekeeping. The court fixes the cost of keeping personal property safe and decides who pays it, can order personal property sold before judgment, and can direct the sheriff to take over attached real estate — collecting its rents and profits and managing it directly. If a third person is holding attached property, including collected debts, trust funds, or an inheritance, the court can order the sheriff to sue to get possession, and can issue whatever further orders the property needs protecting.
When the job calls for more than a sheriff, the court can appoint a receiver instead, hand the property over to that receiver, and give the receiver the same powers — collecting assets, managing property, and applying them as the court directs.
Frequently Asked Questions
Can attached property be sold or managed before the case is decided?
Yes. The court may order personal property sold, direct the sheriff to manage attached real estate and collect its income, or appoint a receiver to do the same.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-17). 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: receiver over attached property