(a) Time for Service of Notice. Within one week after the sheriff’s return is filed or within such time as fixed by court order, plaintiff shall serve upon the defendant notice of the attachment together with a copy of the order for attachment, the affidavits upon which the order was based and the complaint, if they have not previously been served upon defendant.
Rule 4:60-9.Notice to defendant; defense
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-9 requires the plaintiff, generally within one week after the sheriff's return is filed, to serve the defendant a notice describing the attachment, the property taken, and the deadline to respond, following the same service methods used for an appeared or unappeared defendant.
Full Text of Rule 4:60-9
(b) Contents of Notice. The notice shall specify at whose suit, against whose property, and for what amount the attachment was issued; describe the property attached; state when the attachment was returned and the time within which the defendant is required to serve and file an answer or move against the complaint, the writ of attachment or the sheriff’s return thereunder; and the name and address of the attorney or party upon whom the answer or motion is required to be served.
(c) Service. Service of the notice upon a defendant who has previously appeared in the action shall be made as provided by R. 1:5-2, upon a defendant who has not previously appeared in accordance with R. 4:4-4 or R. 4:4-5, or upon any defendant, as the court by order directs. If service cannot be made except by publication, a copy of the complaint, order for attachment and affidavits upon which the order was based need not be served, but plaintiff shall furnish defendant or defendant’s attorney with a copy thereof within 5 days after written request therefor.
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. 4:77-14(a) (b) (c) (d) (e) (f). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraphs (a), (b) and (c); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
The defendant has to learn what was attached and why, and on a clock. Within a week after the sheriff's return is filed, or whatever time the court sets instead, the plaintiff serves the defendant a notice of the attachment along with the order, the supporting affidavits, and the complaint, unless those were already served.
The notice itself has to say who sued, whose property was taken and for how much, describe the property, state when the attachment was returned, and give the deadline and contact information for responding. Service follows the usual rules — the ordinary method for a defendant who already appeared, the summons-service rules for one who hasn't — and if publication is the only option, the plaintiff doesn't have to serve the full paperwork up front, just furnish it within 5 days of a written request.
Frequently Asked Questions
How soon must a plaintiff notify the defendant after an attachment?
Generally within one week after the sheriff's return is filed, unless the court sets a different time.
What must the notice of attachment include?
Who sued, whose property was attached and for what amount, a description of the property, the return date, and the deadline and contact information for responding.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-9). 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: notice of attachment