(a) Issuance of Writ on Notice. A writ of attachment shall issue only in cases where the defendant is subject to the exercise of jurisdiction by the State consistent with due process of law. The writ shall issue upon court order on the plaintiff’s motion. Except as otherwise provided by paragraph (b) of this rule, the motion shall be heard on no less than three days’ notice to the defendant, who shall file and serve any opposing affidavits or cross-motions at least one day prior to the hearing. The motion shall be granted only upon the court’s finding, based on the moving papers, any opposing affidavits which may have been filed, and any testimony taken pursuant to R. 1:6-6, that (1) there is a probability that final judgment will be rendered in favor of the plaintiff; (2) there are statutory grounds for issuance of the writ; and (3) there is real or personal property of the defendant at a specific location within this State which is subject to attachment.
Rule 4:60-5.Order directing issuance of writ
Last amended September 11, 1978 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-5 requires a court order, generally on at least three days' notice to the defendant and a finding of a probable judgment plus statutory grounds and attachable property, before a writ of attachment issues, with an ex parte exception only when notice would let the defendant defeat the writ.
Full Text of Rule 4:60-5
(b) Issuance of Writ Ex Parte. An order for issuance of writ of attachment without notice to the defendant may be entered by the court only if the defendant is about to abscond or if the court finds from specific facts shown by affidavit or verified complaint that the giving of such notice is likely to defeat the execution of the writ.
(c) Contents of Order. Upon satisfactory proof of plaintiff’s right to the writ, the court by order shall direct the issuance of the writ fixing the amount or value of property to be attached, and providing the manner in which notice of the attachment shall be given to the defendant, and such terms and conditions as the court deems appropriate.
(d) Bond by Plaintiff. Before or after issuance of the writ, the court may, in its discretion, order the plaintiff to post a bond with sufficient sureties and in an amount sufficient to indemnify defendant for all damages resulting from the attachment and for taxed costs, if the writ is vacated, or if the action is dismissed, or if judgment therein is given for defendant.
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. 4:77-7(a) (b), 4:77-8(a) (b), 4:77-9. Paragraphs (a) and (b) deleted and new paragraphs (a) and (b) adopted June 29, 1973 to be effective September 10, 1973; paragraph (a); amended July 24, 1978 to be effective September 11, 1978.
Plain-English Summary
A writ of attachment issues only after a court order, and only against a defendant the State may constitutionally reach. Ordinarily that means a motion on at least three days' notice, with the defendant given a day to respond, and the court must find a probability of judgment for the plaintiff, statutory grounds for attachment, and real or personal property of the defendant at a specific location within the state.
Notice drops away only when the defendant is about to abscond, or specific facts show notice would likely let the defendant defeat the writ before it can be executed. Whenever a writ does issue, the order fixes the property's value and how notice reaches the defendant, and the court may, in its discretion, require the plaintiff to post a bond protecting the defendant against the costs of an attachment that turns out to be wrongful.
Frequently Asked Questions
What must a court find before issuing a writ of attachment in New Jersey?
A probability that final judgment will favor the plaintiff, statutory grounds for the writ, and real or personal property of the defendant at a specific location within the state.
Can a writ of attachment issue without notice to the defendant?
Only if the defendant is about to abscond, or specific facts show that giving notice would likely defeat execution of the writ.
Can a court require a bond before issuing a writ of attachment?
Yes, in its discretion, to indemnify the defendant for damages and costs if the writ is later vacated or the action is dismissed or decided for the defendant.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-5). 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 orderex parte attachment