Rule 4:61-3.Defenses; counterclaim

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:61-3 requires a replevin defendant who claims title or relies on someone else's title to say so in the answer, and requires every defense claim for the goods' return, value, damages, or a statutory lien to be raised by counterclaim.

Full Text of Rule 4:61-3

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If the defendant in an action for replevin claims title to the goods and chattels or relies upon the title of a third person or upon a special property, the answer shall set forth those facts. All claims by the defendant for a return of the goods and chattels, for their value or for damages, or for a statutory lien, shall be made by counterclaim.

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. 4:78-3; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A replevin defendant who wants to keep the goods has to explain why in the answer — claiming outright title, or relying on a third person's title or a special property interest, all have to be spelled out there.

Whatever the defendant wants back has to come through a counterclaim: a demand for the return of the goods, their value, damages, or a statutory lien all have to be pleaded that way rather than raised informally.

Frequently Asked Questions

How does a replevin defendant seek the return of goods or damages?

By counterclaim — claims for the goods' return, their value, damages, or a statutory lien must all be raised that way.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:61-3). 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: replevin counterclaimreplevin defenses