N.J. Stat. tit. 2A, ch. 26

in effect

N.J. Stat. § 2A:26-1 Construction of chapter

This chapter shall be liberally construed, as a remedial law for the protection of resident and nonresident creditors and claimants. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-2 Issuance of attachments; grounds

2A:26-2. An attachment may issue out of the Superior Court upon the application of any resident or nonresident plaintiff against the property, real and personal, of any defendant in any of the following instances: a. Where the facts would entitle plaintiff to an order of arrest before judgment in a civil action; and in such cases the attachment may issue against the property of a female, or of a corporation in the same manner as though the defendant would be liable to arrest in a civil action, except that, in actions founded upon a tort, an attachment shall not issue against a corporation upon which a summons can be served in this State; or b. Where the defendant absconds or is a nonresident of this State, and a summons cannot be served on him in this State; but an attachment shall not issue hereunder against the rolling stock of a common carrier of another state or against the goods of a nonresident in transit in the custody of a common carrier of this or another state; or c. Where the cause of action existed against a decedent, which survives against his heirs, devisees, executors, administrators or trustees, and there is property in this State which by law is subject to plaintiff's claim; but no action of attachment may be brought hereunder against the heirs unless they, or some of them, nor against the devisees unless they, or some of them, nor against the executors unless they, or some of them, nor against the administrators unless they, or some of them, nor against the trustees unless they, or some of them, are unknown or nonresident and cannot be served with a summons in this State; or d. Where plaintiff has a claim of an equitable nature as to which a money judgment is demanded against the defendant, and the defendant absconds or is a nonresident and a summons cannot be served upon him in this State; or e. Where the defendant is a corporation created by the laws of another state but authorized to do business in this State and such other state authorizes attachments against New Jersey corporations authorized to do business in that state. For the purposes of this section a summons can be served upon a person in this State where service can duly be made upon someone on his behalf in the State, but not where service may be made only by publication in the State. L.1951 (1st SS), c.344; amended 1991,c.91,s.82.

N.J. Stat. § 2A:26-3 Attachment against property of joint debtors

An attachment may issue against the separate and joint property of joint debtors or any of them, either by their names or the name of the partnership or by whatever name they may be generally distinguished, or against the heirs, executors or administrators of them or any of them. The property so attached, whether separate or joint, shall be subject to the payment of the joint debt. In case of fraud by one of several joint debtors which accrues to the benefit of all the joint debtors an attachment may issue against the separate property of such joint debtor or against the joint property of all. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-4 Property exempt

Household goods and furniture not exceeding $1,000.00 in value of a person shall be exempt from attachment, except for a debt incurred in the purchase thereof. If the attaching officer believes that the goods and furniture exceed such value, he may attach and include them in his inventory and appraisement, and the person entitled to the exemption, his family or his estate shall forthwith, on demand by the officer, select, from the inventoried and appraised property, goods and furniture to the value of $1,000.00. A failure to make the selection shall be deemed to be a waiver of the exemption. L.1951 (1st SS), c.344; amended by L.1974, c. 92, s. 1, eff. Sept. 10, 1974.

N.J. Stat. § 2A:26-5 Wages and personal property not attachable in certain cases

Wages or other compensation for labor or services due to a nonresident employee shall not be attached at the action of a nonresident creditor or his assigns; nor shall the personal property in this state of a nonresident be attached at the action of a nonresident creditor, if such property is exempt from liability by the law of the state of which the debtor and creditor are residents. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-6 Attachment of legacy or distributive share for claims against legatee or next of kin

A legacy or distributive share of an estate in the hands of an executor, administrator or trustee may be attached in an action against the legatee or next of kin. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-7 Bond

A plaintiff in attachment may be required to give bond to the defendant in such amount as the court shall fix or the court, in its discretion, may dispense with the giving of such bond. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-8 Personal property bound from time of execution of attachment

The attachment shall bind the attached goods and chattels, rights and credits, moneys and effects of defendant attached from the time of its execution. The attached property, unless released, shall, during the pendency of the action, remain as security for any judgment which may be entered in the action. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-9 Lien of attachment on real estate of defendant; amendment of return; disposal of real estate; conveyances by defendant void

2A:26-9. The attachment from the time of its issue, shall constitute a lien on the real estate of the defendant in the State even though the officer fails to especially attach the same or part thereof; and the defendant cannot thereafter assign, transfer or convey the same or any interest therein. The attachment shall also be a lien upon all real estate acquired by defendant in the State after such issue and before final judgment. The court may order the clerk to amend the return to the attachment by annexing thereto a description of such real estate, and may make orders for the disposal thereof. All conveyances by the defendant pending the attachment shall be void against the plaintiff. The said lien shall continue to be a lien until the claim of plaintiff is satisfied, the attachment is discharged or judgment is given against plaintiff. L.1951 (1st SS), c.344; amended 1991,c.91,s.83.

N.J. Stat. § 2A:26-10 Conveyance of attached real estate after lien of attachment fixed

Any conveyance or transfer of the attached real estate or any interest therein, made after the filing of the attachment, shall be void as against the plaintiff, the judgment, and the execution issued thereon, unless the attachment has been released. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-11 Lien of judgment on defendant's real estate

The judgment in the action shall be a lien on defendant's real estate acquired either before or after the entry thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-12 Custody of personal property attached

Personal property of a defendant attached as provided by this chapter shall remain in the safekeeping of the attaching officer to answer and abide the judgment of the court. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-13 Actions to obtain possession of attached property in hands of third person

The court may order the institution and prosecution of appropriate actions and proceedings by the attaching officer to obtain possession of any attached property in the hands of a third person. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-14 Effect of sales of personalty

Every sale of the attached personal property made under this chapter or under an order of the court shall be as valid and effectual in law as if made by defendant at the time when the attachment became a lien thereon. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-15 Sale under execution

A sale by a sheriff or other officer of the attached property under an execution issued and a conveyance made pursuant thereto shall convey all the title to such property had by a defendant therein at the time that the writ of attachment became a lien thereon or by him acquired at any time afterwards. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:26-16 Death of defendant not to abate proceedings

The death of defendant after the issue and filing of the attachment shall not abate the action or the lien created thereby. L.1951 (1st SS), c.344.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026