Fill - Free fillable How to Apply For a Writ of Possession (NJ Judiciary) PDF form

Revised 05/2017, CN 11947 page 1 of 12

Law Division, Special Civil Part

How to Apply for a Writ of Possession (

Order to Remove an Illegal Occupier From Your Property)

May 2017

How to Apply For a Writ of Possession

(Order to Remove an Illegal Occupier From Your Property)

Superior Court of New Jersey - Law Division, Special Civil Part

Who Should Use This Packet?

You may use this packet if you are the owner or proper legal resident of real property and you are being denied

the rightful uninterrupted use of the property by person(s) who never had or no longer has permission to remain

in the subject premises

AND a landlord/tenant relationship DOES NOT

exist between you and the person(s) you

are seeking to remove.

Before you complete and file this application, you must first determine whether you qualify for this type of

legal relief. Review the “Writ of Possession Act

ion vs. Landlord/Tenant Action” questionnaire attached to this

packet. If your particular circumstances require a “NO” answer to all of the questions posed, then a Writ of

Possession is most likely the appropriate relief.

Note

You should not use this packet if you are involved in a pending Landlord/Tenant case or if there is a

domestic violence action pending between you and the person(s) you are seeking to remove.

If your request is ultimately granted by the Court, the Sheriff’s Department in the count

y where you file this

application will be responsible for removing the person(s) from the subject premises. The Order for

Possession will permit you to obtain a Writ of Possession from the Court after you pay the applicable fee.

You must then take the Writ of Possession to the local Sheriff’s Department and pay them their applicable

fee for serving and executing this Writ of Possession.

The Sheriff’s Department is not responsible for changing the locks on the subject premises once the

person(s) has been removed. If you decide to change the locks, you should also remember to comply with

the terms of your lease agreement, if any, with the landlord/owner.

Once the Sheriff’s Department successfully removes the person(s) from the subject premises pursuant to

the

Writ of Possession, if the person(s) reenters the premises, you should contact the police in the municipality

where the residence is located for assistance with removing the person(s).

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-

represented litigants. The 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 on the Judiciary’s Internet site,

njcourts.gov. However, you are ultimately responsible for the content of your court papers.

How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property)

Revised 05/2017, CN 11947 page 2 of 12

Writ of Possession Action vs. Landlord/Tenant or Family Action Questionnaire

Writ of Possession actions are typically brought against a person(s) who improperly occupies property that belongs to

another, that is being properly rented by another or including property that belongs to a decedent’s estate wherein the

person refuses to leave after the owner dies. The occupier may have originally been granted permission to occupy the

premises temporarily by the owner/landlord, tenant or by the decedent during his/her life, but permission is subsequently

rescinded, and that person(s) refuses to leave or move out.

Below is a list of questions designed to assist you in determining whether this Writ of Possession application is the right

course of action.

1. Has there ever been a written or oral lease between you and the person(s) you are seeking

to remove?

Yes

2. Have you ever accepted rent, cash or services in lieu of rent during the occupancy of the

person(s) you are seeking to remove?

Yes

3. Is there a pending domestic violence complaint between you and the person(s) you are

seeking to remove?

Yes

4. Is the person a sub-tenant, based upon a written/verbal lease, which allows subleasing?

Yes

5. Did you purchase the property from the party you are seeking to remove?

Yes

If you answered “No” to all of questions, then this Writ of Possession application may be the proper course of action for

you. If you answered “Yes” to any of the questions, a Landlord/Tenant action may be a more appropriate course of action

for you.

How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property)

Revised 05/2017, CN 11947 page 3 of 12

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 address and telephone number

information can be found 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 address and

telephone number information 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 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. Attached to this packet is the

information needed to contact these referral services.

What You Should Expect If You Represent

Yourself

While you have the right to represent yourself in

court, you should not expect 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.

How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property)

Revised 05/2017, CN 11947 page 4 of 12

Definitions of Words 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.

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.

Contact Information Sheet - A contact information sheet contains the address and/or telephone numbers for

your county’s legal services, lawyer referral services and Special Civil Part Clerk’s Offices.

Defendant - The defendant is the person being sued.

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.

Personal Identifiers –personal identifiers are a party’s social security number, driver’s license number,

vehicle plate number, insurance policy number, active financial account number or credit card number.

Plaintiff (Tenant/Owner) - The plaintiff (tenant owner) is the person who starts the writ of possession lawsuit

and who is legally entitled to uninterrupted possession.

Relief - Relief is what you are asking the court to do or what the court commands.

Sheriff Officer – A Sheriff Officer is a law enforcement official who serves and enforces the Writ of

Possession.

Treble Damages - Treble damages is the amount of money awarded to a party, tripled by the court when

allowed by law.

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.

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.

How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property)

Revised 05/2017, CN 11947 page 5 of 12

Instructions

If a person(s) is occupying your premises, without your permission, and there is no pending domestic

violence complaint and no landlord/tenant relationship that exists between you and the person(s) you

want the Court to remove, you must fill out the following documents:

Form A – Order to Show Cause: Fill out party names only.

Form B - Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign at the bottom

of the page.

Form C – Proposed Order for Possession: To be completed by Judge at the hearing on the return date scheduled

in the Order to Show Cause, and

Form D – Certification (Proof) of Service upon the Defendant: File with the Court immediately after proper

service upon the defendant(s)).

Form E - Writ of Possession: If the defendant does not leave voluntarily, this form will be processed by Court

staff after a Judge signs the order (Form D) and upon payment of the applicable writ of possession fee.

Be Sure to Note the Following:

• All of the papers must be signed and returned to the Special Civil Part Office. You should contact the

Special Civil Part Office for the correct filing fee.

• If you are seeking an award of damages, in addition to having the defendant(s) removed from the

premises, you may use this form, provided that the total damages you claim do not exceed the

jurisdictional limitation of the Special Civil Part Court ($15,000).

• If the judge signs the Order to Show Cause (Form A), you must immediately serve upon the Defendant(s)

or the Defendant’s attorney (if known), the signed order, attached contact information sheet and a copy of

all the documents (Forms A, B and C):

1. by regular and certified mail (return receipt requested) to the defendant(s); OR

2. by personally delivering to the defendant(s); OR

3. by regular mail upon the defendant’s attorney (if known).

You must file the proof of your service (Form D) with the Court once defendant(s) are served prior to the return

date (hearing date). Keep the return receipt (green card), if any, and a copy of your Form D, as proof of your

service upon the Defendant(s).

Note:

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. The

Order to Show Cause will explain the service requirements and the time frame for serving the defendants with a

copy of these forms.

Form A

Revised 05/2017, CN 11947 page 6 of 12

Plaintiff’s Information:

Name

Address

Telephone Number

Superior Court of New Jersey

Law Division, Special Civil Part

County

Docket Number:

Plaintiff(s),

Civil Action

Order to Show Cause for

Writ of Possession

Summary Action

Defendant(s).

THIS MATTER having been brought before the court by , Plaintiff,

seeking relief by way of summary action pursuant to R. 4:67-1(a), R. 6:1-2(a)(4) and N.J.S.A. 2A:39-6

based upon the facts set forth in the verified complaint filed herewith and the Court having determined

that this matter may be commenced by order to show cause as a summary proceeding pursuant to

R. 4:67-1(a) and R. 6:1-2(a)(4) and for good cause shown:

It is on this day of , 20 , ORDERED that the defendant(s) appear and show

cause before the undersigned Judge on the day of , 20 , before the Superior

Court at , New Jersey at am/pm or

as soon thereafter as the parties can be heard, why judgment should not be entered:

1. Permitting the issuance of an Order for Possession; and/or

2. Awarding damages to the plaintiff; and/or

3. Granting such other relief as the Court deems equitable and just.

And it is further ORDERED THAT:

1. A copy of this order to show cause, verified complaint, and all supporting affidavits or certifications

submitted in support of this application be served by the plaintiff upon the defendant(s) personally

within days of the date hereof; or if such service cannot be personally made, plaintiff shall

either serve the defendant(s) by regular and certified mail or by regular mail upon the defendant’s

attorney, if known, within days of the date hereof in accordance with R. 4:4-4 and R. 6:2-3(a),

this being original process.

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Form A

Revised 05/2017, CN 11947 page 7 of 12

2. The plaintiff must file with the Court his/her proof of service of these pleadings upon the

defendant(s) no later than days before the scheduled hearing or return date scheduled by this

Court.

3. The defendant may file and serve the plaintiff with an answering affidavit or motion returnable on

the hearing date scheduled by this Court and shall appear in response to this order to show cause.

Any documents filed by the defendant must be filed with the Office of the Special Civil Part in the

county listed above and a copy must be sent to the plaintiff, if the plaintiff has no attorney, or

plaintiff’s attorney named above. A telephone call will not protect the defendant’s rights,

defendant(s) must appear in Court at the designated date and time scheduled by this Court.

4. Defendant(s) take notice that the plaintiff has filed a lawsuit against you in the Superior Court of

New Jersey. The verified complaint attached to this order to show cause states the basis of the

lawsuit and relief sought. If you dispute this complaint then you may submit, before the scheduled

hearing date to this order to show cause, an answering affidavit or motion returnable on the hearing

date and proof of its service. You must also appear on the hearing date set forth above to answer this

complaint.

5. If you wish to hire an attorney and cannot afford one, you may call the Legal Services offices in the

county in which you live or the Legal Services of New Jersey Statewide Hotline at

1-888-LSNJLAW (1-888-576-5529). If you do not have an attorney and are not eligible for free

legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral

services. A directory with contact information for local Legal Services Offices and Lawyer Referral

Services is available in the Civil Division Case Management Office in the county listed above and

online at njcourts.gov.

J.S.C.

Form B

Revised 05/2017, CN 11947 page 8 of 12

Plaintiff’s Name & Address

Superior Court of New Jersey

Law Division, Special Civil Part

County

Telephone Number

Docket Number:

vs.

Defendants Name & Address

Civil Action

Verified Complaint in Support of

Order to Show Cause

Telephone Number

I am the Plaintiff, and the owner or tenant of the premises located at:

, County of , State of New Jersey,

complaining of the defendant(s), as follows:

1. The defendant came to occupy the subject premises to the best of my knowledge under the following

circumstances:

2. Plaintiff is entitled to uninterrupted possession of the premises and the defendant’s(s’) illegal actions

have unlawfully prevented plaintiff access to the premises to which the plaintiff has a legal right

thereto.

3. The harm that has occurred, as a result of the defendant(s) acts, include:

4. Plaintiff seeks an immediate judgment for unlawful detainer and for the right of possession, so that

uninterrupted possession of the subject premises may be restored to the plaintiff, including costs of

suit, and other relief as the Court may deem appropriate.

5. There is no landlord/tenant relationship that exists between the plaintiff and defendant(s).

6. There is no domestic violence order, current family court matter or order between the parties.

7. I notified the defendant(s), or the defendant(s)’s attorney, in writing demanding that the defendant(s)

had to leave and/or deliver to me uninterrupted possession of the subject premises. (Explain how

you notified the defendant and what they said in reply)

8. Plaintiff has been deprived of his/her property, in violation of N.J.S.A. 2A:35-1, et seq. and/or

N.J.S.A. 2A:39-1 et seq., and

Form B

Revised 05/2017, CN 11947 page 9 of 12

WHEREFORE, the plaintiff demands judgment against the defendant(s):

A. Requesting an Order for a Writ of Possession directing the county sheriff to remove the defendant(s)

from the subject premises; and

B. Awarding plaintiff damages, counsel fees and court costs pursuant to N.J.S.A. 2A:35-1 et seq. and/or

N.J.S.A. 2A:39-1 et seq.; and

C. Any other relief the Court deems appropriate and necessary.

Dated:

Signature of Attorney or Pro Se

Print Name

Verification

1. I am the plaintiff in the within action.

2. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the

statements made herein by me are willfully false, I am subject to punishment.

Dated:

Signature of Plaintiff

Print Name

Rule 4:5-1 Certification: I certify that the matter in controversy is not the subject of any other action

pending in any court or a pending arbitration proceeding, and no such action is contemplated. I know of

no other parties that should be made part of this lawsuit. I recognize my continuing obligation to file

and serve on all parties and the Court any amended certification, if there is a change in the facts stated in

the original certification.

Rule 1:38-7 Certification: I certify that any of the defendant(s)’ confidential identifiers have been

redacted from the documents submitted to the Court and will be redacted from any documents submitted

in the future, in accordance with R. 1:38-7(b).

Dated:

Signature of Plaintiff

Print Name

Form C

Revised 05/2017, CN 11947 page 10 of 12

Superior Court of New Jersey

Law Division, Special Civil Part

County

Docket Number:

Plaintiff(s),

Civil Action

Order for Possession

Defendant(s).

This matter having come before the Court by plaintiff seeking an Order for a Writ of Possession and/or

other relief directing the county sheriff to remove the defendant(s) from the subject premises, pursuant

to N.J.S.A. 2A:35-1 et seq., N.J.S.A. 2A:39-1 et seq. and R. 4:67-1, permitted as summary actions by

N.J.S.A. 2A:39-6, R. 4:67-1 and R. 6:1-2(a)(4), and the issue thereof having been heard and determined

by the Court and having found that the plaintiff is entitled to the uninterrupted possession of the subject

premises described herein, and for other good cause shown:

IT IS on this day of , 20 , ORDERED THAT:

1. The plaintiff shall immediately recover from the defendant the possession of the described premises;

and

2. The defendant(s) is/are hereby directed to vacate the described premises pursuant to

N.J.S.A. 2A:35-1 and N.J.S.A. 2A:39-1 et seq.; and

3. (If applicable) A judgment is awarded for plaintiff, and against the defendant, for the sum of

$ , plus costs; and

4. (If applicable) Enforcement of this Order is stayed until , thereby allowing the

defendant(s) time to vacate the described premises in an orderly manner; and

5. If the defendant(s) fail to vacate the premises on or before the date specified herein, the plaintiff may

seek the issuance of a Writ of Possession from the Special Civil Part Office no more than

days thereafter, directing the County Sheriff to subsequently remove the defendant(s) within 14

days of the issuance of the Writ of Possession, upon payment of the applicable fee for same; and

6. A copy of this Order shall be served by the plaintiff upon all parties within days hereof.

J.S.C.

Form D

Revised 05/2017, CN 11947 page 11 of 12

Plaintiff’s Information:

Name

Address

Telephone Number

Superior Court of New Jersey

Law Division, Special Civil Part

County

Docket Number:

Plaintiff(s),

Civil Action

Certification/Proof of Service

Defendant(s).

I am the plaintiff in the above entitled action and I hereby certify as follows:

1. I hand delivered on , to each defendant named in this lawsuit, a copy of my Order to

Show Cause, verified complaint, contact information sheet, supporting certification and any

other documentation that I filed with the Court that I have used in support of this application.

defendant

2. In the alternative, if I was unable to personally serve each defendant named in this lawsuit with a

copy of my Order to Show Cause, verified complaint, contact information sheet, supporting

certifications and any other documentation that I filed with the Court that I have used in support

of this application, I hereby certify that I mailed a copy to each defendant, by regular and

certified mail, return receipt requested, on , and I have saved my return receipt

green card;

defendant

3. In the alternative, if the defendant(s) are represented by an attorney, I hereby certify that I sent,

by regular mail, a copy of my Order to Show Cause, verified complaint, supporting

certifications

and any other documentation that I filed with the Court that I have used in support of this

application to that attorney, , Esq., on , at the

following address:

I hereby certify that the foregoing statements by me are true. I am aware that if any of the foregoing

statements made by me are willfully false, I may be subject to punishment

Dated:

Plaintiff(s)

Form E

Revised effective 9/1/2018 by 9/14/2018 Notice to the Bar, CN 11638 (Appendix XI-Y)

SUPERIOR COURT OF NEW JERSEY

Plaintiff’

LAW DIVISION, SPECIAL CIVIL PART

COUNTY

Address

DOCKET NO.

City, State, Zip Code

CIVIL

ACTION

WRIT OF POSSESSION

Plaintiff

Defendant

Do Not Write Below This Line – For Court Use Only

THE STATE OF NEW JERSEY TO THE SHERIFF OF

COUNTY:

WHEREAS, on

, 20

, by a certain judgment of the Superior Court of New Jersey, Law

Division, Special Civil Part,

County, in a cause therein pending, wherein

is (are) the Plaintiff(s) and is

(are) the Defendant(s), it was ordered and adjudged that the Plaintiff(s) recover the possession of the lands and

premises, with appurtenances, described in the Complaint from the Defendant(s) which premises are located at:

Street Address

City, State, Zip Code

the possession of which the Defendant(s) have unlawfully deprived the Plaintiff(s), as appears to us of record.

Therefore, you are hereby COMMANDED without delay, to restore

Plaintiff(s) to possession of his/her/their

property; and return this writ to the Office of the Special Civil Part within 14 days of its issuance.

WITNESS, the Honorable

, Judge of the Superior Court at

this day of , 20 .

Certification of Execution of Writ for Possession

Date and Time Executed:

Signature of Sheriff’s Officer

Printed or Typed Name of Officer

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