How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property - Ejectment Action)

New Jersey Judiciary form CN 11947. This walkthrough fills the 68 text fields; 3 checkbox(es) on the form are left for you to mark after download.

“How to Apply for a Writ of Possession (Order to Remove an Illegal Occupier from Your Property)” is a 13-page packet prepared, in the words of its own note, “by the New Jersey Administrative Office of the Courts for use by self-represented litigants,” and marked “Revised Effective 07/01/2022, CN 11947.” Its heading places it in the Superior Court of New Jersey - Law Division, Special Civil Part.

The section headed “Who Should Use This Packet?” frames the packet for an owner or proper legal resident of real property who is being denied rightful uninterrupted use of the property by a person who never had, or no longer has, permission to remain in the premises, and where no landlord/tenant relationship exists between the two. A glossary defines a Writ of Possession as “an order by the court which directs the physical removal of the defendant(s), at the request of the plaintiff, by a Sheriff Officer,” and also defines terms such as Order to Show Cause, personal identifiers, relief, and treble damages.

Five lettered forms are bundled inside. Form A is an Order to Show Cause for Writ of Possession, a summary action brought “pursuant to R. 4:67-1(a), R. 6:1-2(a)(4) and N.J.S.A. 2A:39-6,” with blanks for the return date, the court location and the hearing time, and a signature line for a J.S.C. Form B is a Verified Complaint in Support of Order to Show Cause, in which the plaintiff checks “owner” or “tenant,” describes how the defendant came to occupy the premises, and alleges deprivation of property “in violation of N.J.S.A. 2A:35-1, et seq. and/or N.J.S.A. 2A:39-1 et seq.” It carries a Verification, a Rule 4:5-1 Certification, and a Rule 1:38-7 Certification. The packet’s instruction page describes Form C, the Proposed Order for Possession, as “To be completed by Judge at the hearing on the return date scheduled in the Order to Show Cause.” Form D is a “Certification (Proof) of Service upon the Defendant.” Form E is the Writ of Possession itself, addressed to “THE STATE OF NEW JERSEY TO THE SHERIFF OF ___ COUNTY” and commanding that the writ be returned “to the Office of the Special Civil Part within 14 days of its issuance.”

The packet also contains a “Writ of Possession Action vs. Landlord/Tenant or Family Action Questionnaire” of five yes/no questions, and a page on self-representation. Its instructions note that a claim for damages brought on these forms may not exceed “the jurisdictional limitation of the Special Civil Part Court ($20,000).”

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