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10916 Rtn Prop (NJ Judiciary)

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Revised 04/2017, CN 10916 Page 1 of 14
Civil – SCP
Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises)
April 2017
How to Apply For the Return of Your Personal Property
or to Return to Your Rental Premises
Superior Court of New Jersey - Special Civil Part
Who Should Use This Packet?
This packet should be used by tenants who have had their personal property taken
and/or have been
locked out of or denied use of their rental premises (for example, by having the heat turned off) without
a court order
.
You may use this packet if:
(1)
You have been locked out of your rental premises by your landlord and are seeking only the
return of your personal property or the value of that property if it cannot be returned; or
(2)
If you seek to return to your rental premises and seek the return of your personal property.
NOTE: You may not use this packet if you are involved in a pending Landlord-
Tenant court case.
NOTE: Do not provide any party’s confidential personal identifier information in these pleadings
and on any documents that you may submit to the Court unless directed to do so by court order,
statute, court rule or Administrative Directive.
Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for
use by self-represented litigants. The guides, instructions and forms will be periodically updated as
necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms
will be available at the county courthouse or on the Judiciary’s Internet site, njcourts.gov. However,
you are ultimately responsible for the content of your court papers.
Completed forms are to be submitted to the county where you are filing your case. A li
st of
Special Civil Part Offices is provided at the customer counter and at njcourts.gov.
Civil – SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises)
Revised 04/2017, CN 10916 Page 2 of 14
Things to Think About Before You Represent Yourself in Court
Try to Get a Lawyer
The court system can be confusing and it is a
good idea to get a lawyer if you can. If you
cannot afford a lawyer, you may contact the
legal services program in your county to see if
you qualify for free legal services. The
telephone number can be found online or in
your local yellow pages under “Legal Aid” or
“Legal Services”.
If you do not qualify for free legal services and
need help in locating an attorney, you can
contact the bar association in your county.
Their telephone number can also be found in
your local yellow pages. Most county bar
associations have a Lawyer Referral Service.
The county bar lawyer referral service can. The
county bar lawyer referral service can supply
you with the names of attorneys in your area
willing to handle your particular type of case
and who may sometimes consult with you at a
reduced fee.
There are also a variety of organizations of
minority lawyers throughout New Jersey, as
well as organizations of lawyers who handle
specialized types of cases. Ask your county
court staff for a list of lawyer referral services
that include these organizations.
What You Should Expect If You
Represent Yourself
While you have the right to represent yourself in
court, you should not expect any special
treatment, help, or attention from the court.
You must still comply with the Rules of the
Court, even if you are not familiar with them.
The following is a list of some things the court
staff can and cannot do for you. Please read it
carefully before asking the court staff for help.
• We can explain and answer questions about
how the court works.
• We can tell you what the requirements are to
have your case considered by the court.
• We can give you some information from
your case file.
• We can provide you with samples of court
forms that are available.
• We can provide you with guidance on how
to fill out forms.
• We can usually answer questions about
court deadlines.
• We cannot give you legal advice. Only your
lawyer can give you legal advice.
• We cannot tell you whether or not you
should bring your case to court.
• We cannot give you an opinion about what
will happen if you bring your case to court.
• We cannot recommend a lawyer, but we can
provide you with the telephone number of a
local lawyer referral service.
• We cannot talk to the judge for you about
what will happen in your case.
• We cannot let you talk to the judge outside
of court.
• We cannot change an order issued by a
judge.
Keep Copies of All Papers
Make and keep for yourself copies of all
completed forms and any canceled checks,
money orders, sales receipts, bills, contract
estimates, letters, leases, photographs, and other
important documents that relate to your case.
Bring all documents to court if you are notified
that an appearance is necessary.
Civil – SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises)
Revised 04/2017, CN 10916 Page 3 of 14
Definitions of Words That May Be Used In This Packet
Answer - An answer is a written response which explains why you believe you do not owe the money
to the other party in the case.
Court Officer - A court officer is an official of the court who enforces a Warrant of Removal.
Certification - A certification is a written statement made to the court swearing that the information
contained in the documents filed with the court is true to the best of your knowledge.
Confidential Personal Identifiers – Confidential personal identifiers refer to any person’s social
security number, driver’s license number, vehicle plate number, insurance policy number, active
financial account number or active credit card number.
Defendant/Landlord - The defendant/landlord is the person who is being sued and who owns the
rental premises.
Order - An order is a written or oral command by a court directing or forbidding an act.
Order to Show Cause - An Order to Show Cause is an emergency order made upon the motion of
one party requiring another party to appear in court and demonstrate why certain conduct should be
permitted or not permitted.
Peaceable Possession - Peaceable possession is normal use and enjoyment of the rental premises.
Plaintiff/Tenant - The plaintiff/tenant is the person who starts the lawsuit and who leases the rental
premises from the landlord.
Relief - Relief is what you are asking the court to do or what the court commands.
Treble Damages - Treble damages is the amount of money awarded to a party tripled by the court
when allowed by law.
Unlawful Entry - Unlawful entry is entering someone else’s rental premises without legal authority
even if you are the owner of those premises.
Verified Complaint - A verified complaint is a sworn document in which you tell the court the facts
of your case and state what relief you want from the court.
Warrant of Removal - A warrant of removal is an order by the court which allows an eviction of the
tenant at the request of the landlord.
Wrongful Distraint - Wrongful distraint is taking, disposing of or selling someone else’s personal
property without legal authority.
Civil – SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises)
Revised 04/2017, CN 10916 Page 4 of 14
Note: All of the papers must be read before being signed and returned to the Special Civil Part
Office. You must contact the Clerk’s Office for the appropriate filing fee.
To File For Return Of Your Personal Property:
If you have been locked out of your rental premises by your landlord and are seeking only the return of
your personal property or money to compensate you for the loss of your property if it has been sold or
thrown away and cannot be returned, you should fill out the following documents:
• Form A – Verified Complaint: Fill in all of the blank spaces, except for the docket number,
and sign the verified complaint on page 2.
• Form B – Order to Show Cause: Fill in only the plaintiff’s name (your name) and the
defendant’s name (the landlord’s name) at the top of the page.
• Form C – Certification in Support of Order to Show Cause: Fill in all of the blank spaces,
except for the docket number, and sign at the bottom of the page.
To File For Return Of Possession Of Rental Premises And Personal Property:
If you have been locked out or forced out of your rental premises by the landlord and you want to return
to the premises and/or you want compensation for losses that resulted from the landlord’s action, you
must fill out the following documents:
• Form A-1 – Verified Complaint: Fill in all of the blank spaces, except for the docket number,
and sign the verified complaint on page 2.
• Form B-1 – Order to Show Cause: Fill out only the plaintiff’s name (your name) and the
defendant’s name (landlord’s name). If the judge grants the relief requested, the landlord must
allow you to return to your rental premises.
• Form C-1 – Certification in Support of Order to Show Cause: Fill in all of the blank spaces,
except for the docket number, and sign at the bottom of the page.
Be Sure To Note the Following:
If the judge grants you relief, you must immediately serve (give) the Defendant/Landlord or the
Defendant/Landlord’s agent with the order the judge signed and a copy of all of the documents that you
filed with the court in support of your application, either:
1. by mailing them by regular and certified mail, return receipt requested or
2. by personally giving the order and a copy of the documents to the Landlord or the
Landlord’s agent. Be sure to keep a copy of all documents for yourself.
Keep the mail return receipt green card as proof of your service upon the Defendant/Landlord or the
Defendant/Landlord’s agent.
If the judge has ordered that you appear in court for a hearing concerning the issues in this case, you
must appear at that time or the court may dismiss your verified complaint and not grant you the relief
that you requested.
Form A
Revised 04/2017, CN 10916 Page 5 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
Street Address
Town, State, Zip Code
Civil Action
Verified Complaint For Wrongful
Distraint Seeking Return of Personal
Property and Restraints
Telephone Number
vs.
Defendant/Landlord Name
Street Address
Town, State, Zip Code
Telephone Number
The Plaintiff/Tenant, , who is now residing at
, New Jersey, by way of verified complaint says:
1. Plaintiff/Tenant is the legal tenant of , under
written/oral lease with .
2. On , 20 , the Defendant/Landlord , locked
me out of the premises illegally. My requests for re-entry have not been successful.
3. There is no pending landlord/tenant action in the Special Civil Part Court allowing for my eviction
or taking of my personal property. There is no other Court order allowing for my eviction.
4. Plaintiff/Tenant has been deprived of his/her property without due process of law in violation of
N.J.S.A. 2A:33-1, et. seq.
5. The value of the property is $ .
6. The following is a brief description of what occurred:
Save
Form A
Revised 04/2017, CN 10916 Page 6 of 14
WHEREFORE, the Plaintiff/Tenant demands judgment against the Defendant/Landlord:
A. Ordering the return of Plaintiff/Tenant’s personal property and awarding Plaintiff/Tenant court costs;
or awarding Plaintiff/Tenant damages in the amount of twice the value of the goods wrongfully
distrained and sold pursuant to N.J.S.A. 2A:33-17 plus court costs;
B. Awarding Plaintiff/Tenant double costs pursuant to N.J.S.A. 2A:33-19;
C. Any other relief the Court deems appropriate and necessary.
Dated:
Signature
VERIFICATON
I am the Plaintiff/Tenant in this action.
I have read the verified complaint in this action and certify that the foregoing statements made by
me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am
subject to punishment.
I certify that the matter in controversy is not the subject of any other court action or arbitration
proceeding, now pending or contemplated, and that no other parties should be joined in this action.
I certify that confidential personal identifiers have been redacted from documents now submitted
to the court, and will be redacted from all documents submitted in the future in accordance with Rule
1:38-7(b).
Do you need disability accommodations?
Yes No
If yes, please state request:
Will an interpreter be needed?
Yes No
If yes, state language:
Dated:
Signature of Plaintiff/Tenant
Type or Print Name
Form B
Revised 04/2017, CN 10916 Page 7 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
vs.
Civil Action
Order To Show Cause For Return of
Personal Property and Restraints
Defendant/Landlord Name
This matter having been opened to the Court by the Plaintiff/Tenant, and it appearing from the attached
Verified Complaint and supporting Certification that the Defendant/Landlord has wrongfully withheld the
Plaintiff/Tenant’s personal property, and it appearing that the Plaintiff/Tenant is suffering immediate harm
thereby, and the Plaintiff/Tenant having requested an Order (1) compelling the Defendant/Landlord to restore the
Plaintiff/Tenant to possession of his/her personal belongings restraining the Defendant/Landlord and/or
Defendant’s/Landlord’s agents from using any further self-help means to wrongfully withhold Plaintiff’s/Tenant’s
personal belongings and award for court costs; or instead (2) awarding damages for Defendant’s/Landlord’s
failure to return Plaintiff’s/Tenant’s personal property plus court costs; and it appearing that Defendant/Landlord
was given notice of this application for relief;
Do Not Write Below This Line – For Court Use Only
It is on this day of , 20 ,
ORDERED that the Defendant/Landlord show cause before the undersigned Judge of the
County Superior Court in , New Jersey on the day of
, 20 , a.m. p.m. or as soon thereafter as the matter may be heard, why the
Defendant/Landlord should not be stopped from further interference with Plaintiff/Tenant’s personal property,
and why judgment should not be entered against Defendant/Landlord for damages and court costs; and it is
ORDERED, that the Defendant/Landlord immediately restore Plaintiff/Tenant to possession of his/her
personal property; and it is further
ORDERED, that the Defendant/Landlord, and any agents/employees of Defendant/Landlord, are
restrained from further interference with Plaintiff’s/Tenant’s personal property; and it is further
ORDERED, that the Defendant/Landlord shall file written opposition to the order to show cause, by way
of an answer, answering affidavit or motion, and proof of service by , 20 . The original
documents must be filed with the Office of the Special Civil Part in the county listed above. A list of these offices
is provided. You must send a copy of your opposition papers directly to Judge
,
whose address is , New Jersey. You must also send a
copy of your opposition papers to the Plaintiff/Tenant whose name and address appear on the verified complaint.
0
Form B
Revised 04/2017, CN 10916 Page 8 of 14
A telephone call will not protect your rights; you must file and serve your opposition (with the fee if you file an
answer) if you want the Court to hear your opposition to the relief the Plaintiff/Tenant is seeking, and it is further
ORDERED, that if the Defendant/Landlord does not file and serve opposition to this order to show
cause, the application may be decided on the papers on the return date and relief may be granted by default; and it
is further
ORDERED, that the Defendant/Landlord take notice that the Plaintiff/Tenant, named above, has filed a
lawsuit against you in the Special Civil Part of the Superior Court of New Jersey. The verified complaint attached
to this order to show cause states the basis for this lawsuit. If you dispute this complaint, you, or your attorney,
must file a written Answer to the complaint and proof of service within 35 days from the date of service of this
order to show cause, not counting the day you received it.
These documents must be filed with the Office of the Special Civil Part in the county listed above.
Include the appropriate filing fee payable to the “Treasurer, State of New Jersey.” You can find out the amount
of the filing fee by calling the Special Civil Part Office. You must also send a copy of your Answer to the
Plaintiff/Tenant whose name and address appear on the verified complaint. A telephone call will not protect your
rights; you must file and serve your Answer (with the fee) or judgment by default may be entered against you.
Please note: Opposition to the Order to Show Cause is not an Answer and you must file both.
If you do not file and serve an answer within 35 days of service of this Order, the court may enter a
default against you for the relief the Plaintiff/Tenant demands. If the Plaintiff/Tenant seeks money damages, then
the court may enter a judgment against you, and any interest accrued on the damage’s amount and the costs of the
lawsuit. If a money judgment is entered against you, a Special Civil Part Officer may seize your money, wages,
or personal property to pay all or part of the judgment, and it is further
ORDERED, that the Defendant/Landlord may move to modify or dissolve this Order upon day(s)
written notice to the plaintiff; and it is further
ORDERED, that a copy of this Order to Show Cause, verified complaint and supporting certification
submitted in support of this application shall be served by the Plaintiff/Tenant upon the Defendant/Landlord
personally, or if such service cannot be made, by certified mail, return receipt requested, and regular mail, within
days of the date of this Order, and provide proof of such service to the Court no later than three (3) days
before the hearing date.
If you cannot afford an attorney, free legal advice may be available by contacting Legal Services at
. If you can afford to pay an attorney but do not know one, you may call the Lawyer Referral
Services of your local county Bar Association at .
If you need an interpreter or an accommodation for a disability, you must notify the court immediately.
Dated:
J.S.C.
Form C
Revised 04/2017, CN 10916 Page 9 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
vs.
Civil Action
Certification In Support of Order to
Show Cause for Return of Personal
Property and Restraints
Defendant/Landlord Name
I, , residing at
, make this certification in support of my application
of relief:
1. I was illegally locked out of my rented house/apartment. My personal property was confiscated by
the Defendant/Landlord and has not been returned.
2. I have been unsuccessful in my attempts to regain my personal belongings since the illegal lockout.
3. I have suffered and will continue to suffer hardships because my personal belongings have been kept
from me.
4. I hereby certify that I notified the landlord (or the landlord’s lawyer) that I was going to make this
application for relief today. Explain how you notified the landlord or lawyer and what they said:
5. In view of the above, I respectfully request that the Court grant me immediate relief.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statement made by me are willfully false, I am subject to punishment.
Dated:
.
Signature of Plaintiff/Tenant
Type or Print Name
0
Form A-1
Revised 04/2017, CN 10916 Page 10 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
Street Address
Town, State, Zip Code
Civil Action
Verified Complaint To Restore
Plaintiff To Possession of Premises
and Other Relief
Telephone Number
vs.
Defendant/Landlord Name
Street Address
Town, State, Zip Code
Telephone Number
The Plaintiff/Tenant who is now residing at ,
New Jersey, by way of verified complaint says:
1. Plaintiff/Tenant is the legal tenant of , under
written/oral lease with .
2. On , 20 , the Defendant/Landlord, , locked
me out of the premises illegally. Verbal pleas to the Defendant/Landlord have not resulted in re-
entry.
3. Defendant/Landlord’s actions constitute an unlawful entry in violation N.J.S.A. 2A:39-1, et. seq.
4. The following is a brief description of what occurred: (Attach additional information if needed)
WHEREFORE, the Plaintiff/Tenant demands judgment against the Defendant/Landlord:
A. Ordering the restoration of the leased premises to the Plaintiff/Tenant;
B. Awarding damages proximately caused by the unlawful entry, reasonable attorney’s fees and costs
pursuant to N.J.S.A. 2A:39-8;
0
Form A-1
Revised 04/2017, CN 10916 Page 11 of 14
C. Awarding treble damages if a return to the property is deemed by the Court to be an inappropriate
remedy, pursuant to N.J.S.A. 2A:39-8; and
D. Any other relief the Court deems appropriate and necessary.
Dated:
Signature Plaintiff / Tenant
VERIFICATON
I am the Plaintiff/Tenant in this action.
I have read the verified complaint in this action and certify that the foregoing statements made by
me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am
subject to punishment.
I certify that the matter in controversy is not the subject of any other court action or arbitration
proceeding, now pending or contemplated, and that no other parties should be joined in this action.
I certify that confidential personal identifiers have been redacted from documents now submitted
to the court, and will be redacted from all documents submitted in the future in accordance with Rule
1:38-7(b).
Do you need disability accommodations?
Yes No
If yes, please state request:
Will an interpreter be needed?
Yes No
If yes, state language:
Dated:
Signature of Plaintiff/Tenant
Type or Print Name
Form B-1
Revised 04/2017, CN 10916 Page 12 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
vs.
Civil Action
Order To Show Cause For Return to
Premises With Restraints
Defendant/Landlord Name
This matter having been opened to the Court by the Plaintiff/Tenant, and it appearing from the attached Verified
Complaint that the Defendant/Landlord has wrongfully interfered with the plaintiff’s possession of the premises rented by
the plaintiff, and it appearing that the plaintiff is suffering immediate harm thereby, and the plaintiff having requested an
Order (1) compelling Defendant/Landlord to restore Plaintiff/Tenant to possession of his/her personal belongings and to
possession of the premises rented by the Plaintiff; (2) restraining the defendant and his agent(s) from interfering with the
plaintiff’s peaceable possession of said premises without due process of law; and why judgment should not be entered
against Defendant/Landlord for damages and court costs and (3) restraining the defendant and any agent(s) from using any
self – help means to remove plaintiff and his/her personal possessions from the premises, and good cause appearing; and it
appearing that Defendant/Landlord was given notice of this application for relief;
Do Not Write Below This Line – For Court Use Only
It is on this day of , 20 ,
ORDERED that the Defendant/Landlord show cause before the undersigned Judge of the County
Superior Court in , New Jersey on the day of , 20 , a.m. p.m.
or as soon thereafter as the matter may be heard, why the defendant should not be stopped from further interference with
Plaintiff’s possession/enjoyment of his/her apartment/house; and it is
ORDERED, that the Defendant/Landlord immediately restore the plaintiff to possession of his/her personal
property and to possession of the premises rented from the defendant; and it is further
ORDERED, that the Defendant/Landlord and any agent(s) or employee(s) of the defendant are restrained from
interfering with the plaintiff’s peaceable possession of said premises without due process of law; and it is further
ORDERED, that the Defendant/Landlord and any agent(s) or employee(s) of the defendant are restrained from
using any self-help means to remove the plaintiff and his/her possessions from the subject premises; and it is further
ORDERED, that the Defendant/Landlord shall file written opposition to the order to show cause, by way of an
answer, answering affidavit or motion, and proof of service by , 20 . The original documents must be
filed with the Office of the Special Civil Part in the county listed above. You must send a copy of your opposition papers
directly to Judge
, whose address is ,
New Jersey. You must also send a copy of your opposition papers to the Plaintiff/Tenant whose name and address appear
0
Form B-1
Revised 04/2017, CN 10916 Page 13 of 14
on the verified complaint. A telephone call will not protect your rights; you must file and serve your opposition (with the
fee if you file an answer) if you want the Court to hear your opposition to the relief the Plaintiff/Tenant is seeking, and it
is further
ORDERED, that if the Defendant/Landlord does not file and serve opposition to this order to show cause, the
application may be decided on the papers on the return date and relief may be granted by default; and it is further
ORDERED, that the defendant take notice that the plaintiff, named above, has filed a lawsuit against you in the
Special Civil Part of the Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis for this lawsuit. If you dispute this complaint, you, or your attorney, must file a written Answer to the complaint
and proof of service within 35 days from the date of service of this order to show cause, not counting the day you
received it.
These documents must be filed with the Office of the Special Civil Part in the county listed above. Include the
appropriate filing fee payable to the “Treasurer, State of New Jersey.” You can find out the amount of the filing fee by
calling the Special Civil Part Office. You must also send a copy of your Answer to the Plaintiff/Tenant whose name and
address appear on the verified complaint. A telephone call will not protect your rights; you must file and serve your
Answer (with the fee) or judgment by default may be entered against you. Please note: Opposition to the order to
show cause is not an Answer and you must file both.
If you do not file and serve an answer within 35 days of service of this Order, the court may enter a default
against you for the relief the Plaintiff/Tenant demands. If the Plaintiff/Tenant seeks money damages, then the court may
enter a judgment against you, and any interest accrued on the damage’s amount and the costs of the lawsuit. If a money
judgment is entered against you, a Special Civil Part Officer may seize your money, wages, or personal property to pay all
or part of the judgment, and it is further
ORDERED, that the Defendant/Landlord may move to modify or dissolve this Order upon day(s) written
notice to the plaintiff; and it is further
ORDERED, that a copy of this Order to Show Cause, verified complaint and supporting certification submitted
in support of this application shall be served by the Plaintiff/Tenant upon the Defendant/Landlord personally, or if such
service cannot be made, by certified mail, return receipt requested, and regular mail,
within days of the date of this Order, and provide proof of such service to the Court no later than three (3) days
before the hearing date.
If you cannot afford an attorney, free legal advice may be available by contacting Legal Services at
. If you can afford to pay an attorney but do not know one, you may call the Lawyer Referral Services of
your local county Bar Association at .
If you need an interpreter or an accommodation for a disability, you must notify the court immediately.
Dated:
J.S.C.
Form C-1
Revised 04/2017, CN 10916 Page 14 of 14
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Plaintiff/Tenant Name
Docket Number
vs.
Civil Action
Certification in Support of Order to
Show
Cause to Restore Plaintiff to
Possession of
Leased Premises and Other Relief
Defendant/Landlord Name
I, , residing at
, make this certification in support of my application
of relief:
1. I was illegally locked out of my rented house/apartment.
2. Verbal pleas to the Defendant/Landlord have not resulted in re-entry.
3. The Defendant/Landlord has not filed the necessary Complaint in the Tenancy Court to allow for the
eviction.
4. In view of the above, I respectfully request that the Court grant me immediate relief.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statement made by me are wilfully false, I am subject to punishment.
Dated:
Signature of Plaintiff/Tenant
Type or Print Name
0
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Completed 23 July 2020

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