R. 4:61-5 New Jersey Rules of Court, R. 4:61-5: Judgment for Defendant, rendered as code with every cross-reference linked

rule 4:61-5 "Judgment for Defendant" {
(a) Election of Remedies. If the goods and chattels have not been redelivered to the defendant and judgment is entered in defendant's favor, defendant shall, except if the goods or chattels were taken as a distress for rent or if defendant has made a counterclaim for a statutory lien, be entitled, at defendant's election, to the return thereof or a judgment against plaintiff for the value of the goods or chattels and damages.
(b) Judgment on Statutory Lien. If a defendant has counterclaimed for a statutory lien, a judgment in defendant's favor shall fix the amount due.
(c) Distress for Rent; Judgment. If the plaintiff has recovered the possession of goods or chattels taken as a distress for rent and judgment is entered for the defendant, defendant shall be entitled, at defendant's election, to the return thereof, or judgment against the plaintiff for the sum in arrears for such rent at the time the distress was taken, or for the value of the goods and chattels if such value is less than the arrearages.
(d) Costs; Execution. Upon the entry of a judgment for the defendant, defendant may, in addition to a remedy on the replevin bond or cash deposit, have execution against the plaintiff.
Note: Source-R.R. 4:78-5(a)(b)(c)(d); paragraphs (a), (b), (c) and (d) 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