Rule 4:60-13.Discharge from attachment

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

In one sentenceRule 4:60-13 lets a defendant, or anyone who controlled the attached property at the time of levy, get it released by posting a bond that covers any eventual judgment, without that filing counting as a general appearance.

Full Text of Rule 4:60-13

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The defendant or any person who had possession or control of the attached property at the time levy was made thereon under the writ may, at any time during the course of the action, secure the discharge of the property, in whole or in part, from the lien of the attachment and obtain the return thereof to defendant, by filing with the clerk a bond in such amount and form and with such sureties as the court by order directs and approves, after notice to the plaintiff and any applying claimants. The bond shall be conditioned to pay any judgments obtained by plaintiff and by any applying claimants, and costs, to an amount not exceeding the value of the attached property to be discharged. The filing of such bond shall not constitute a general appearance in the action.

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. 4:77-18(a) (b) (c); amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Attached property doesn't have to stay tied up for the whole case. The defendant, or anyone who had possession or control of it when the levy happened, can secure its release — in whole or in part — at any point during the action, by filing a bond in whatever amount, form, and sureties the court approves, after giving notice to the plaintiff and any applying claimants.

The bond has to cover the judgments the plaintiff and any applying claimants might eventually win, plus costs, up to the value of the property being released. And posting it doesn't drag the defendant into the case generally — filing the bond isn't treated as a general appearance.

Frequently Asked Questions

Can attached property be released before the case is over?

Yes. The defendant, or anyone who controlled the property when it was levied on, may secure its release by posting a bond covering any eventual judgment and costs, without that filing counting as a general appearance.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:60-13). 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: bond to release attached propertydischarge of attachment lien