Rule 4:48-4.Recourse by some judgment debtors against other judgment debtors

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:48-4 lets a judgment debtor who pays off a judgment for which others share liability step into the judgment creditor's shoes, reviving the judgment against the co-debtors to compel contribution.

Full Text of Rule 4:48-4

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If a judgment is recovered against 2 or more persons, one of whom, liable thereon secondarily or equally with any other, satisfies the judgment, or when bail in a civil action is compelled to pay a judgment against a defendant, the person paying the judgment may on motion and notice to the other persons in interest, excluding the judgment creditor, apply to the court for an order allowing the paying party the full benefit and control of the judgment and any outstanding execution. The court may make such order, on terms, and may direct that new execution issue for the purpose of compelling payment or contribution by any party liable in the amount fixed by the court. If the motion is granted the judgment shall be revived to the extent only of a judgment effective as of the date of such revival in favor of the person or persons applying as against the co-defendant or co-defendants or the person for whom bail was given. The clerk of the court in which the judgment is entered shall enter upon the margin of the record of the judgment the notation of revival of the judgment to the extent aforesaid and the date and docket number of the order of revival so entered; or, if the said judgment is docketed, the transcript shall include said notation, and the clerk of the court in which the same is docketed shall make like marginal entry. The order of revival shall be indexed by the clerk as a revived judgment.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:60-6; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

When a judgment runs against two or more people who share liability, and one of them pays the whole thing off, that person is not left out of pocket. On motion and notice to the other interested parties, the paying debtor can ask the court for full benefit and control of the judgment and any outstanding execution against the others.

If the court grants that request, the judgment revives — effective from the date of revival — in favor of the party who paid, against the co-debtors or the bail who covered the debt, and the court can direct a new execution to compel payment or contribution in whatever amount it fixes. The clerk marks that revival in the judgment's own record and, where the judgment is docketed, in the docket transcript as well.

Frequently Asked Questions

What can a judgment debtor do after paying off a judgment shared with others?

Move the court, on notice to the other interested parties, for an order giving that debtor full benefit and control of the judgment and any outstanding execution against the others.

What happens if the court grants that motion?

The judgment is revived, effective from the date of revival, in favor of the paying debtor against the co-debtors, and the court may order a new execution to compel contribution.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:48-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: contribution among judgment debtorsrevived judgment