Petition Writ Form With Court In Middlesex
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FAQ
Small claims are simpler than other case types. Most people are able to file and present their cases without an attorney.
You must complete and submit an original and two copies of the enclosed complaint form as well as the Civil Cover Sheet. You should also keep an additional copy of any document filed with the Court for your own records. All copies of the complaint must be identical to the original.
Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court.
Writ of Possession - A Writ of Possession is a court order that grants a person the right of possession of real property that they are not currently in possession of.
The Writ of Possession must also include the street address of the property. The Writ of Possession must have the same caption as the Final Judgment and Writ of Execution. The caption of these documents is contained within the Sheriff's Deed that is obtained at the time of the Sheriff's Sale.
Once the writ is obtained, the Sheriff will provide notice of the date the property must be vacated. A tenant with a valid lease has protection from removal by the new owner under the New Jersey Anti-Eviction Act, NJSA 2A:18-61.1 et seq.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
Proposed Form of Order - A proposed order is a form that the judge can use to either grant or deny the relief sought in the motion. Every motion must be accompanied by a proposed form of order. Return date - The return date is the date on which the court will consider the motion.
