A writ of attachment may be issued as initial or sole process in the action or as additional process pursuant to R. 4:60-5. A summons against the same defendant and additional summonses against other defendants may issue in the same action before or after issuance of the writ. If a summons or writ of attachment is not issued within 10 days after the filing of the complaint, the action may be dismissed as provided by R. 4:37-2(a).
Rule 4:60-3.Attachment and summons
Last amended September 11, 1978 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-3 lets a writ of attachment serve as the sole process in an action or run alongside an ordinary summons, and exposes the action to dismissal if neither a summons nor the writ issues within 10 days of filing the complaint.
Full Text of Rule 4:60-3
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. 4:77-5; amended July 24, 1978 to be effective September 11, 1978.
Plain-English Summary
A writ of attachment can carry an entire case on its own, issuing as the only process against a defendant, or it can run alongside an ordinary summons against that defendant and additional summonses against others in the same action.
Either way, the case can't sit unattended: if no summons and no writ of attachment issues within 10 days after the complaint is filed, the action becomes exposed to the same dismissal-for-delay rule that governs an unissued summons generally.
Frequently Asked Questions
Must a summons still issue in a New Jersey attachment action?
A writ of attachment may serve as the sole process, or a summons may issue alongside it, but if neither issues within 10 days of filing the complaint, the action may be dismissed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-3). 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: writ of attachment as process