(a) Election of Remedies. If the goods and chattels have not been redelivered to the defendant and judgment is entered in defendant’s favor, defendant shall, except if the goods or chattels were taken as a distress for rent or if defendant has made a counterclaim for a statutory lien, be entitled, at defendant’s election, to the return thereof or a judgment against plaintiff for the value of the goods or chattels and damages.
Rule 4:61-5.Judgment for defendant
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:61-5 lets a prevailing replevin defendant elect either the return of the goods or a money judgment for their value and damages, with special rules for a statutory-lien counterclaim and for goods originally taken as a distress for rent.
Full Text of Rule 4:61-5
(b) Judgment on Statutory Lien. If a defendant has counterclaimed for a statutory lien, a judgment in defendant’s favor shall fix the amount due.
(c) Distress for Rent; Judgment. If the plaintiff has recovered the possession of goods or chattels taken as a distress for rent and judgment is entered for the defendant, defendant shall be entitled, at defendant’s election, to the return thereof, or judgment against the plaintiff for the sum in arrears for such rent at the time the distress was taken, or for the value of the goods and chattels if such value is less than the arrearages.
(d) Costs; Execution. Upon the entry of a judgment for the defendant, defendant may, in addition to a remedy on the replevin bond or cash deposit, have execution against the plaintiff.
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. 4:78-5(a) (b) (c) (d); paragraphs (a), (b), (c) and (d); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A defendant who beats a replevin claim gets to choose the remedy. Unless the goods were taken as a distress for rent or the defendant counterclaimed for a statutory lien, the defendant elects between getting the goods back or a judgment against the plaintiff for their value and damages.
A statutory-lien counterclaim gets its own judgment fixing the amount due, and goods taken as a distress for rent follow their own election: return of the goods, or a judgment for the rent that was in arrears when the distress was taken, or the goods' value if that's less than the arrears. Either way, a judgment for the defendant also opens the door to execution against the plaintiff, beyond whatever the replevin bond or cash deposit covers.
Frequently Asked Questions
What can a defendant recover after winning a replevin case?
Generally the defendant elects between the return of the goods or a judgment for their value and damages, with different rules for a statutory-lien counterclaim or goods taken as a distress for rent.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:61-5). 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 defendantelection of remedies replevin