(a) Judgment for Damages. If the goods and chattels are delivered by the sheriff or other officer to the defendant upon the making of a claim thereto and the giving of a redelivery bond or cash deposit pursuant to law, the sheriff or other officer shall promptly make a return of the facts to the court, annexing the claim of the defendant to the writ of replevin, and return the same forthwith, and the action shall proceed as if such claim had not been made. If the plaintiff recovers, judgment shall be entered for the value of the goods and chattels and for damages sustained such as for taking and detaining them as well and may, in addition to a remedy on the redelivery bond or cash deposit, have execution against the defendant.
Rule 4:61-4.Judgment for plaintiff
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:61-4 lets a prevailing plaintiff recover the value of replevied goods plus damages when the defendant kept possession under a redelivery bond, or instead obtain an order directing the sheriff to seize and deliver the goods, with damages barred on a default judgment unless the defendant ignored a pre-suit demand.
Full Text of Rule 4:61-4
(b) Recovery of Possession by Plaintiff After Redelivery. If the goods and chattels have been delivered by the sheriff or other officer to the defendant and the taking is not a distress for rent, the plaintiff, instead of enforcing the judgment for damages or pursuing a remedy on the redelivery bond or cash deposit, may apply to the court upon written notice to the defendant or defendant’s attorney of record for an order directing the sheriff or other officer to take possession of the goods and chattels and deliver them to the plaintiff.
(c) Recovery of Possession Where No Writ Issued. If judgment is entered for the plaintiff awarding the possession of the goods or chattels and any damages sustained and if plaintiff has not previously caused a writ of replevin to issue and had the goods delivered, the court may in the judgment direct the sheriff or other officer to take possession of the goods and chattels and deliver them in accordance with the judgment. The judgment shall be a justification of the officer for their delivery.
(d) Judgment by Default. If the goods and chattels have been delivered to the plaintiff by the sheriff or other officer, and judgment by default is entered in favor of the plaintiff, there shall be no judgment for damages, except where the defendant has refused to deliver the goods and chattels pursuant to a written demand therefor made prior to the commencement of the action.
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. 4:78-4(a) (b) (c) (d); paragraphs (a), (b) and (c); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
What a winning replevin plaintiff gets depends on where the goods ended up along the way. If the defendant kept the goods by posting a redelivery bond or cash deposit, a plaintiff's win brings a judgment for their value plus damages for the taking and detention, on top of whatever the bond itself covers. If the goods are still with the defendant and the taking wasn't a distress for rent, the plaintiff can skip enforcing that judgment and instead apply, on notice, for an order having the sheriff seize and deliver the goods directly.
Even a plaintiff who never had a writ issued in the first place can get the goods through the judgment itself, which directs the sheriff to take and deliver them and stands as the sheriff's justification for doing so. The one limit: if the goods already went to the plaintiff and the defendant defaults, there's no damages judgment unless the defendant had already ignored a written demand to hand the goods over before the suit began.
Frequently Asked Questions
What does a prevailing replevin plaintiff recover if the defendant kept the goods under a redelivery bond?
A judgment for the value of the goods plus damages for the taking and detention, in addition to any remedy on the bond.
Can a replevin plaintiff get the goods delivered without ever having a writ issued?
Yes — the judgment itself can direct the sheriff to take and deliver the goods, and it serves as the sheriff's justification for doing so.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:61-4). 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 judgment for plaintiff