Rules of Court · Part 4 · New Jersey
R. 4:61-2 New Jersey Rules of Court, R. 4:61-2: Allegations of Demand and Refusal; Title, rendered as code with every cross-reference linked
Allegations of Demand and Refusal; Title
If the action is for a wrongful detainer only, the plaintiff in an action for replevin shall allege a demand and refusal of possession before commencing the action. A plaintiff in replevin who claims possession as a secured creditor shall allege both in the complaint and the motion for the issuance of the writ the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel in the possession of the debtor. If the title to the goods or chattels of the plaintiff in replevin rests upon the title of a third person or upon a special property, those facts shall be alleged.
Note: Source-R.R. 4:78-2. Amended June 29, 1973 to be effective September 10, 1973; amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:61-2 "Allegations of Demand and Refusal; Title" {
If the action is for a wrongful detainer only, the plaintiff in an action for replevin shall allege a demand and refusal of possession before commencing the action. A plaintiff in replevin who claims possession as a secured creditor shall allege both in the complaint and the motion for the issuance of the writ the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel in the possession of the debtor. If the title to the goods or chattels of the plaintiff in replevin rests upon the title of a third person or upon a special property, those facts shall be alleged.
Note: Source-R.R. 4:78-2. Amended June 29, 1973 to be effective September 10, 1973; amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02← R. 4:61-1 · R. 4:61-3 → · chapter 4:61 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.