If the action is for a wrongful detainer only, the plaintiff in an action for replevin shall allege a demand and refusal of possession before commencing the action. A plaintiff in replevin who claims possession as a secured creditor shall allege both in the complaint and the motion for the issuance of the writ the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel in the possession of the debtor. If the title to the goods or chattels of the plaintiff in replevin rests upon the title of a third person or upon a special property, those facts shall be alleged.
Rule 4:61-2.Allegations of demand and refusal; title
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:61-2 requires a replevin plaintiff suing only for wrongful detainer to allege a demand and refusal before filing, and requires a secured creditor to allege both the debt and the security interest in the complaint and motion.
Full Text of Rule 4:61-2
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. 4:78-2. Amended June 29, 1973 to be effective September 10, 1973; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
What a replevin complaint has to say depends on the theory behind it. If the case is purely about wrongful detainer, the plaintiff must have demanded the property back and been refused before ever filing suit. A plaintiff claiming as a secured creditor instead has to allege, in both the complaint and the motion for the writ, that the debt exists and that a security interest — perfected or not — exists in a chattel the debtor is holding.
And if the plaintiff's claim to the goods rests on someone else's title, or on a special property interest rather than outright ownership, the complaint has to say so.
Frequently Asked Questions
What must a secured creditor allege to bring a replevin action?
Both the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel the debtor possesses.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:61-2). 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: replevin complaint requirementsdemand and refusal