Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, August 5, 2009

4:61-4. Judgment for Plaintiff

(a) Judgment for Damages. If the goods and chattels are delivered by the sheriff or other officer to the defendant upon the making of a claim thereto and the giving of a redelivery bond or cash deposit pursuant to law, the sheriff or other officer shall promptly make a return of the facts to the court, annexing the claim of the defendant to the writ of replevin, and return the same forthwith, and the action shall proceed as if such claim had not been made. If the plaintiff recovers, judgment shall be entered for the value of the goods and chattels and for damages sustained such as for taking and detaining them as well and may, in addition to a remedy on the redelivery bond or cash deposit, have execution against the defendant.

(b) Recovery of Possession by Plaintiff After Redelivery. If the goods and chattels have been delivered by the sheriff or other officer to the defendant and the taking is not a distress for rent, the plaintiff, instead of enforcing the judgment for damages or pursuing a remedy on the redelivery bond or cash deposit, may apply to the court upon written notice to the defendant or defendant's attorney of record for an order directing the sheriff or other officer to take possessionof the goods and chattels and deliver them to the plaintiff.

(c) Recovery of Possession Where No Writ Issued. If judgment is entered for the plaintiff awarding the possession of the goods or chattels and any damages sustained and if plaintiff has not previously caused a writ of replevin to issue and had the goods delivered, the court may in the judgment direct the sheriff or other officer to take possession of the goods and chattels and deliver them in accordance with the judgment. The judgment shall be a justification of the officer for their delivery.

(d) Judgment by Default. If the goods and chattels have been delivered to the plaintiff by the sheriff or other officer, and judgment by default is entered in favor of the plaintiff, there shall be no judgment for damages, except where the defendant has refused to deliver the goods and chattels pursuant to a written demand therefor made prior to the commencement of the action.