Other Writs

Other Writs
Other writs include:
 Writs of Replevin
A writ of replevin can only be issued by order of the court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. The posting of a replevin bond with the court is usually required before the Sheriff can act on the writ. These writs are returnable in 30 days. See R. 4:61 et seq.
 Writs of Attachment
A writ of attachment can only be issued upon the court’s order on plaintiff’s motion and is usually sought in the beginning of litigation to ensure, that if the plaintiff is successful, assets are preserved and available to satisfy a judgment. It allows the seizure of the debtor’s property. Some instances in which attachments are issued include: when the defendant is a nonresident of this State; the defendant flees; or the defendant is a corporation created by the laws of another State which allows attachments against New Jersey corporations authorized to do business in that State. See R. 4:60 et seq.
Under R. 4:60- 6, there are two ways a writ of attachment for property located in a county other than that of the docketed litigation may be issued. Subsection (a) states that the court where the matter is docketed may, in its discretion, order the deputy clerk of the Superior Court of a county where the property is located to issue a writ addressed to the sheriff of that county and forward a copy to the judgment unit of the Superior Court Clerks’ office in Trenton, where it will be entered in the Civil Judgment and Order Docket. In either case, the writ must be prepared by the filer, not by the court.