The sheriff shall make the levy within 30 days from the date of the writ, in the following manner:
Rule 4:60-7.Levy
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-7 requires the sheriff to levy on attached property within 30 days of the writ's date, using a different method for each kind of property -- from taking tangible goods into custody to serving a certified copy of the writ on a bailee, debtor, fiduciary, or property occupant.
Full Text of Rule 4:60-7
(a) In the case of tangible personal property in the possession of a bailee for which a negotiable document of title is outstanding, by complying with the provisions of N.J.S. 12A:7-602, and serving a certified copy of the writ upon the bailee.
(b) In the case of tangible personal property other than personal property referred to in paragraph (a) of this rule, by taking the same into custody or by serving a certified copy of the writ upon the person holding the same.
(c) In the case of choses in action evidenced by negotiable commercial paper, by taking the said paper into custody, or by serving a certified copy of the writ upon the person owing the same and also serving upon the person in possession of said paper an order of the court enjoining its negotiation.
(d) In the case of negotiable investment securities, by complying with the provisions of N.J.S. 12A:8-317.
(e) In the case of choses in action not referred to in paragraphs (c) or (d) of this rule, by serving a certified copy of the writ upon the person owing the same.
(f) In the case of legacies or distributive shares in an estate of a decedent or a beneficial interest in a trust, by serving a certified copy of the writ upon the fiduciary.
(g) In the case of real property, by endorsing upon the writ a description of the property, and by serving a certified copy of the writ upon any person in possession of the same, provided, however, that failure to complete a levy as herein provided shall not defeat the lien of the writ as provided in N.J.S. 2A:26-9.
(h) The copy of the writ to be served pursuant to the preceding paragraphs of this rule, shall be certified to be a true copy by the Clerk of the Superior Court, a deputy clerk of the Superior Court or by an attorney.
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. 4:77-12; paragraph (h); amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
A writ of attachment doesn't enforce itself — the sheriff has 30 days from the writ's date to levy on the property, and the rule spells out a different method for nearly every kind of asset. Tangible goods generally get taken into custody or the possessor gets served with a certified copy of the writ; a bailee holding goods under a negotiable document of title, negotiable commercial paper, and negotiable investment securities each follow their own procedure under the Commercial Code, and real property is levied by endorsing a description on the writ and serving whoever is in possession.
Legacies, distributive shares, and trust interests are levied by serving the fiduciary who controls them. Whatever the property, the copy served has to be certified as true by the Clerk of the Superior Court, a deputy clerk, or an attorney — and for real property, a levy that isn't perfectly completed still doesn't defeat the lien the writ already created.
Frequently Asked Questions
How long does the sheriff have to levy on attached property?
30 days from the date of the writ.
Does an incomplete levy on real property destroy the attachment's lien?
No. The statute preserves the lien of the writ even if the levy itself wasn't completed exactly as the rule describes.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-7). 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: levy under a writ of attachment