An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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FAQ
All Writs of Possession must have a filing fee of $50 payable to the Treasurer, State of New Jersey, be dated and have an original, ink signature. Copies, if submitted, will be returned. With limited exceptions, any paper filed with the court can be looked at by the public.
1. First you must file with the special civil division an Order to Show Cause (OTSC), Verified Complaint with Certification, proposed Order of Ejectment and proposed Writ of Execution. 2. The Judge then signs the OTSC, sets forth the details for service on the occupant, and sets a return date for the hearing/trial.
1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.
The writ of replevin While in some states you can initiate a replevin without a hearing, New Jersey requires a court ruling to reclaim property by court order. The court will give the party in possession of the property at least three days notice during which they can file affidavits and cross-motions.
Replevin is typically the first step when a plaintiff wants to get the property back from a defendant who wrongfully took it. Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan.
Claim and Delivery is issued prior to judgment and permits the levying officer to seize specific personal property in possession of the defendant or the defendant's agent. A Claim and Delivery differs from a Writ of Attachment.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
Law of replevin in other jurisdictions imports the infringement of some right, and any invasion of the civil rights of another is in itself a legal wrong, and the appropriate action for the violation of the legal right unconnected with contract is an action for tort.