New Jersey Sample Letter for Final Judgment - Writ of Possession
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FAQ
A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession.
285 form and a $100 check made payable to the ?U.S. Marshals Service? must accompany the completed writ of execution form and notarized affidavit. The USM285 form is available at the U.S. Marshal's website: .usmarshals.gov/district/nj/.
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.
Writ of Possession - A Writ of Possession is an order by the court which directs the physical removal of the defendant(s), at the request of the plaintiff, by a Sheriff Officer.
. (a) Issuance of Writ on Notice. A writ of replevin shall issue only upon court order on motion of a party claiming the right to possession of chattels.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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.
