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Rule 4:60-2.Commencement of action; venue

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:60-2 commences an attachment action by filing a complaint and lays venue under the general venue rule, falling back to any county where the property to be attached is located when no mandatory venue provision applies.

Full Text of Rule 4:60-2

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An action in which a writ of attachment is sought shall be commenced by filing a complaint. Venue in such an action in the Superior Court shall be governed by R. 4:3-2, except that if no mandatory provision thereof is applicable, venue shall be laid in any county in which any of the real or personal property to be attached is situated.

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. 4:77-3; 4:77-4.

Plain-English Summary

An attachment action starts the ordinary way, with a complaint. Venue mostly follows the general Superior Court venue rule under R. 4:3-2, but attachment gets its own backstop: when no mandatory venue provision applies, venue may be laid in any county where the property to be attached is located.

That backstop matters because attachment targets property rather than a person's usual connections to a county -- a creditor going after a debtor's real or personal property in New Jersey can file where that property sits, even when the ordinary venue rules would point elsewhere.

Frequently Asked Questions

Where is a New Jersey attachment action filed?

Venue follows the general venue rule, except that if no mandatory provision applies, it may be laid in any county where the property to be attached is situated.

Why does attachment have its own venue backstop instead of relying only on the general venue rule?

Because attachment targets property the defendant may have no other connection to in the usual venue sense, so the rule lets venue follow the property when no mandatory provision under R. 4:3-2 controls.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:60-2). 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: attachment venuecommencing an attachment actionattachment complaintwhere to file for attachmentproperty attachment venue