Free Civil ­ SCP Unlawful Entry & Wrongful Distraint Application (Return of Personal... - New Jersey

Civil ­ SCP Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises) December 28, 2006

HOW TO APPLY FOR THE RETURN OF YOUR PERSONAL PROPERTY OR TO RETURN TO YOUR RENTAL PREMISES
WHO SHOULD USE THIS PACKET? This packet should be used by tenants who have had their personal property taken and/or have been locked out of or denied use of their rental premises (for example, by having the heat turned off) without a court order. You may use this packet if: (1) You have been locked out of your rental premises by your landlord and are seeking only the return of your personal property or the value of that property if it cannot be returned; or (2) If you seek to return to your rental premises and seek the return of your personal property. NOTE: You may not use this packet if you are involved in a pending Landlord-Tenant court case.
Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content of your court papers.

Send your completed forms to:

THINGS TO THINK ABOUT BEFORE YOU TRY TO REPRESENT YOURSELF IN COURT from your case file. TRY TO GET A LAWYER -We can provide you with samples of The court system can be confusing court forms that are available. and it is a good idea to get a lawyer if you -We can provide you with guidance on can. If you cannot afford a lawyer, you how to fill out forms. may contact the legal services program in -We can usually answer questions your county to see if you qualify for free about court deadlines. legal services. The telephone number -We cannot give you legal advice. can be found in your local yellow pages Only your lawyer can give you legal under "Legal Aid" or "Legal Services." advice. If you do not qualify for free legal -We cannot tell you whether or not you services and need help in locating an should bring your case to court. attorney, you can contact the bar -We cannot give you an opinion about association in your county. That number what will happen if you bring your case to can also be found in your local yellow court. pages. Most county bar associations -We cannot recommend a lawyer, but have a Lawyer Referral Service. The we can provide you with the telephone County Bar Lawyer Referral Service can number of a local lawyer referral service. supply you with the names of attorneys in -We cannot talk to the judge for you your area willing to handle your particular about what will happen in your case. type of case and will sometimes consult -We cannot let you talk to the judge with you at a reduced fee. outside of court. There are also a variety of -We cannot change an order issued by organizations of minority lawyers a judge. throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your KEEP COPIES OF ALL PAPERS Make and keep for yourself copies of county court staff for a list of lawyer all completed forms and any canceled referral services that include these checks, money orders, sales receipts, organizations. bills, contract estimates, letters, leases, photographs and other important WHAT YOU SHOULD EXPECT IF YOU documents that relate to your case. Bring REPRESENT YOURSELF all documents to court if you are notified While you have the right to represent that an appearance is necessary. yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. -We can explain and answer questions about how the court works. -We can tell you what the requirements are to have your case considered by the court. -We can give you some information
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DEFINITIONS OF WORDS USED IN THIS PACKET
Answer ­ a written document responding to the complaint Court Officer ­ an official of the court who enforces a Warrant of Removal Certification ­ a written statement made to the court swearing that the information contained in the documents filed with the court is true to the best of your knowledge Defendant/Landlord ­ the person who is being sued and who owns the rental premises Order ­ a written or oral command by a court directing or forbidding an act Order to Show Cause ­ an emergency order made upon the motion of one party requiring another party to appear in court and demonstrate why certain conduct should be permitted or not permitted Peaceable Possession ­ normal use and enjoyment of the rental premises Plaintiff/Tenant ­ the person who starts the lawsuit and who leases the rental premises from the landlord Relief ­ what you are asking the court to do or what the court commands Treble Damages ­ the amount of money awarded to a party tripled by the court when allowed by law Unlawful Entry ­ entering someone else's rental premises without legal authority even if you are the owner of those premises Verified Complaint ­ a sworn document in which you tell the court the facts of your case and state what relief you want from the court Warrant of Removal ­ an order by the court which allows an eviction of the tenant at the request of the landlord Wrongful Distraint - taking, disposing of or selling someone else's personal property without legal authority

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Note: All of the papers must be read before being signed and returned to the Special Civil Part Office. You must contact the Clerk's Office for the appropriate filing fee. TO FILE FOR RETURN OF YOUR PERSONAL PROPERTY:
If you have been locked out of your rental premises by your landlord and are seeking only the return of your personal property or money to compensate you for the loss of your property if it has been sold or thrown away and cannot be returned, you should fill out the following documents: Form A ­ Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign the verified complaint on page 2. Form B ­ Order to Show Cause: Fill in only the plaintiff's name (your name) and the defendant's name (the landlord's name) at the top of the page. Form C ­ Certification in Support of Order to Show Cause: Fill in all of the blank spaces, except for the docket number, and sign at the bottom of the page.

TO FILE FOR RETURN OF POSSESSION OF RENTAL PREMISES AND PERSONAL PROPERTY:
If you have been locked out or forced out of your rental premise by the landlord and you want to return to the premise and you want compensation for loses that resulting from the from the landlord's action, you must fill out the following documents: Form A-1 ­ Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign the verified complaint on page 2. Form B-1 ­ Order to Show Cause: Fill out only the plaintiff's name (your name) and the defendant's name (landlord's name). If the judge grants the relief requested, the landlord must allow you to return to your rental premises. Form C-1 ­ Certification in Support of Order to Show Cause: Fill in all of the blank spaces, except for the docket number, and sign at the bottom of the page.

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BE SURE TO NOTE THE FOLLOWING: If the judge grants you relief, you must immediately serve (give) the Defendant/Landlord or the Defendant/Landlord's agent with the order the judge signed and a copy of all of the documents that you filed with the court in support of your application either: (1) by mailing them by regular and certified mail, return receipt requested or (2) by personally giving the order and a copy of the documents to the Landlord or the Landlord's agent. Be sure to keep a copy of all documents for yourself. Keep the mail return receipt green card as proof of your service upon the Defendant/Landlord or the Defendant/Landlord's agent. If the judge has ordered that you appear in court for a hearing concerning the issues in this case, you must appear at that time or the court may dismiss your verified complaint and not grant you the relief that you requested.

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Form A Plaintiff's/Tenant's Name & Address } } } } } } SUPERIOR COURT OF NEW JERSEY LAW DIVISION, __________ COUNTY SPECIAL CIVIL PART Docket No. DC ­ Civil Action

Telephone # ____________ vs.

Defendant's/Landlord's Name & Address } } } } Telephone # The Plaintiff/Tenant
(YOUR NAME) (ADDRESS WHERE YOU CAN RECEIVE MAIL NOW)

VERIFIED COMPLAINT FOR WRONGFUL DISTRAINT SEEKING RETURN OF PERSONAL PROPERTY AND RESTRAINTS

who is now residing at , New Jersey, by way of verified complaint

says: 1. Plaintiff/Tenant is the legal tenant of
(THE ADDRESS OF THE RENTAL PREMISES)

under written/oral lease with
(DEFANDANT/LANDLORD'S NAME)

. , the Defendant/Landlord

2. On

, 20

locked me out of the premises illegally. My requests for re-entry have not been successful. 3. There is no pending Landlord/Tenant action in the Special Civil Part Court allowing for my eviction or taking of my personal property. There is no other Court order allowing for my eviction. 4. Plaintiff/Tenant has been deprived of his/her property without due process of law in violation of N.J.S.A. 2A:33-1, et seq. 5. The value of the property is $ .

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6. The following is a brief description of what occurred:

WHEREFORE, the Plaintiff/Tenant demands judgment against the defendant/landlord: A. Ordering the return of plaintiff's personal property; or Awarding plaintiff damages in the amount of twice the value of the goods wrongfully distrained and sold pursuant to N.J.S.A. 2A:33-17; B. Awarding plaintiff double costs pursuant to N.J.S.A. 2A:33-19; C. Any other relief the Court deems appropriate and necessary.

Dated:

Signature: ______________________ Plaintiff/Tenant

VERIFICATON I am the Plaintiff/Tenant in this action. I have read the verified complaint in this action and certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Dated: Signature: ______________________ Type or Print Name: ______________________ Plaintiff/Tenant

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Plaintiff/Tenant

} } } } } } } } } } } } }

Form B SUPERIOR COURT OF NEW JERSEY LAW DIVISION, ____________ COUNTY SPECIAL CIVIL PART ____________________________________ ____________________________________ Telephone: (___)____-_____ DOCKET NO. DC - _________________

vs Defendant/Landlord

CIVIL ACTION ORDER TO SHOW CAUSE FOR RETURN OF PERSONAL PROPERTY AND RESTRAINTS

This matter having been opened to the Court by the Plaintiff/Tenant, and it appearing from the attached Verified Complaint and supporting Certification that the Defendant/Landlord has wrongfully withheld the plaintiff's personal property, and it appearing that the plaintiff is suffering immediate harm thereby, and the plaintiff having requested an Order (1) compelling the defendant/landlord to restore the Plaintiff/Tenant to possession of his/her personal belongings and restraining the Defendant/Landlord and/or Defendant's/Landlord's agents from using any further self-help means to wrongfully withhold Plaintiff's/Tenant's personal belongings; or instead (2) awarding damages for Defendant's/Landlord's failure to return Plaintiff's/Tenant's personal property. Do Not Write Below This Line ­ For Court Use Only It is on this _________ day of ____________________, 20____, ORDERED, that the Defendant/Landlord show cause before the undersigned Judge County Superior Court in , New Jersey on the ____ day of the of , 20 , at AM / PM or as soon thereafter as the matter may be heard, why the defendant should not be stopped from further interference with Plaintiff/ Tenant's personal property, and why judgment should not be entered against Defendant/Landlord for damages; and it is ORDERED, that the Defendant/Landlord immediately restore Plaintiff/Tenant to possession of his/her personal property; and it is further ORDERED, that the Defendant/Landlord, and any agents/employees of Defendant/Landlord, are restrained from further interference with Plaintiff/Tenant's personal property; and it is further
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ORDERED, that the Defendant/Landlord shall file written opposition to the order to show cause, by way of an answer, answering affidavit or motion, and proof of service by _________________, 20__. The original documents must be filed with the Clerk of the Special Civil Part in the county listed above. A list of these offices is provided. You must send a copy of your opposition papers directly to Judge _________________, whose address is _______________________________, New Jersey. You must also send a copy of your opposition papers to the Plaintiff/Tenant whose name and address appear on the verified complaint. A telephone call will not protect your rights; you must file and serve your opposition (with the fee if you file an answer) if you want the Court to hear your opposition to the relief the Plaintiff/Tenant is seeking, and it is further ORDERED, that if the Defendant/Landlord does not file and serve opposition to this order to show cause, the application may be decided on the papers on the return date and relief may be granted by default; and it is further ORDERED, that the Defendant take notice that the Plaintiff, named above, has filed a lawsuit against you in the Special Civil Part of the Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis for this lawsuit. If you dispute this complaint, you, or your attorney, must file a written Answer to the complaint and proof of service within 35 days from the date of service of this order to show cause, not counting the day you received it. These documents must be filed with the Clerk of the Special Civil Part in the county listed above. Include the appropriate filing fee payable to the "Treasurer, State of New Jersey." You can find out the amount of the filing fee by calling the Clerk's Office. You must also send a copy of your Answer to the Plaintiff/Tenant whose name and address appear on the verified complaint. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment by default may be entered against you. Please note: Opposition to the Order to Show Cause is not an Answer and you must file both. If you do not file and serve an answer within 35 days of service of this Order, the court may enter a default against you for the relief the Plaintiff/Tenant demands. If the Plaintiff/Tenant seeks money damages, then the court may enter a judgment against you, and any interest accrued on the damage's amount and the costs of the lawsuit. If a money judgment is entered against you, a Special Civil Part Officer may seize your money, wages, or personal property to pay all or part of the judgment, and it is further

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ORDERED, that the Defendant/Landlord may move to modify or dissolve this Order upon day(s) written notice to the plaintiff; and it is further ORDERED, that a copy of this Order to Show Cause, verified complaint and supporting certification submitted in support of this application shall be served by the Plaintiff/Tenant upon the Defendant/Landlord personally, or if such service cannot be made, by certified mail, return receipt requested, and regular mail, within _______ days of the date of this Order, and provide proof of such service to the Court no later than three (3) days before the hearing date. If you cannot afford an attorney, free legal advice may be available by contacting Legal Services at _____________. If you can afford to pay an attorney but do know one, you may call the Lawyer Referral Services of your local county Bar Association at ___________________. If you need an interpreter or an accommodation for a disability, you must notify the court immediately. DATE: J.S.C.

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Plaintiff/Tenant

vs Defendant/Landlord

} } } } } } } } } } }

Form C SUPERIOR COURT OF NEW JERSEY LAW DIVISION, _____________ COUNTY SPECIAL CIVIL PART DOCKET NO. DC CIVIL ACTION

I,
(YOUR NAME) NOW)

CERTIFICATION IN SUPPORT OF ORDER TO SHOW CAUSE SEEKING RETURN OF PERSONAL PROPERTY AND RESTRAINTS residing at
(WHERE YOU CAN RECEIVE MAIL

make this certification in support of my application for relief: 1 I was illegally locked out of my rented house/apartment. My personal property was confiscated by the Defendant/Landlord and has not been returned. 2. I have been unsuccessful in my attempts to regain my personal belongings since the illegal lockout. 3. I have suffered and will continue to suffer hardships because my personal belongings have been kept from me. 4. I hereby certify that I notified the landlord (or the landlord's lawyer) that I was going to make this application for relief today. Explain how you notified the landlord or lawyer and what they said: ____________________________________________ __________________________________________________________________. 5. In view of the above, I respectfully request that the Court grant me immediate relief. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statement made by me are wilfully false, I am subject to punishment. Signature: _________________________ Dated: Type or Print Name: ______________________
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Plaintiff/Tenant Form A-1
Plaintiff's/Tenant's Name & Address

} } } Telephone # vs
Defendant's/Landlord's Name & Address

SUPERIOR COURT OF NEW JERSEY LAW DIVISION, ___________ COUNTY SPECIAL CIVIL PART DOCKET NO. DCCivil Action VERIFIED COMPLAINT TO RESTORE PLAINTIFF TO POSSESSION OF PREMISES AND OTHER RELIEF

} } } } } }

Telephone # The Plaintiff,
(YOUR NAME)

, who is now residing at : New Jersey by way of

( ADDRESS WHERE YOU CAN RECEIVE MAIL NOW)

complaint says:

1. Plaintiff is the legal tenant of
(THE ADDRESS OF THE PREMISES YOU WERE LOCKED OUT FROM)

under written/oral lease with
(LANDLORD'S NAME)

2. On

, 20

, the defendant
(LANDLORD'S NAME)

locked me out of the premises illegally. Verbal pleas to the Defendant/Landlord have not resulted in re-entry. 3. Defendant's/Landlord's actions constitute an unlawful entry in violation of N.J.S.A 2A:39-1 et seq.

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4. The following is a brief description of what occurred:

ATTACH ADDITIONAL INFORMATION IF NEEDED

WHEREFORE, Plaintiff/Tenant demands judgment against the Defendant/ Landlord: A. Ordering the restoration of the leased premises to the plaintiff; B. Awarding damages proximately caused by the unlawful entry, reasonable attorney's fees and costs pursuant to N.J.S.A. 2A:39-8; C. Awarding treble damages if a return to the property is deemed by the Court to be an inappropriate remedy, pursuant to N.J.S.A. 2A:39-8; and D. Any other relief the Court determines appropriate and necessary. Date: ________________ Signature: __________________________ Plaintiff/Tenant VERIFICATION I am the Plaintiff in this action. I have read the verified complaint in this action and certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Dated: ________________ Signature: ______________________

Type or Print Name: _______________________ Plaintiff/Tenant

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Plaintiff/Tenant

vs Defendant/Landlord

} } } } } } } } }

Form B- 1 SUPERIOR COURT OF NEW JERSEY LAW DIVISION, ___________ COUNTY SPECIAL CIVIL PART DOCKET NO. DC CIVIL ACTION ORDER TO SHOW CAUSE FOR RETURN TO PREMISES WITH RESTRAINTS

This matter having been opened to the Court by the Plaintiff/Tenant, and it appearing from the attached Complaint that the Defendant/Landlord has wrongfully interfered with the plaintiff's possession of the premises rented by the plaintiff, and it appearing that the plaintiff is suffering immediate harm thereby, and the plaintiff having requested an Order (1) compelling Defendant/Landlord to restore Plaintiff/Tenant to possession of his/her personal belongings and to possession of the premises rented by the Plaintiff; (2) restraining the defendant and his agent(s) from interfering with the plaintiff's peaceable possession of said premises without due process by law; and (3) restraining the defendant and any agent(s) from using any self ­ help means to remove plaintiff and his/her personal possessions from the premises, and good cause appearing, DO NOT WRITE BELOW THIS LINE - FOR COURT USE ONLY

It is on this ______________ day of ___________, 20 _____, ORDERED, that the Defendant/Landlord show cause before the undersigned Judge of the County Superior Court in , New Jersey on the day of , 20 , at AM / PM or as soon thereafter as the matter may be heard, why the defendant should not be stopped from further interference with the plaintiff's possession/enjoyment of his/her apartment/house; and it is ORDERED, that the Defendant/Landlord immediately restore the plaintiff and his/her personal property to possession of the premises rented from the defendant; and it is further

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ORDERED, that the Defendant/Landlord and any agent(s) or employee(s) of the defendant are restrained from interfering with the plaintiff's peaceable possession of said premises without due process of law; and it is further ORDERED, that the Defendant/Landlord and any agent(s) or employee(s) of the defendant are restrained from using any self-help means to remove the plaintiff and his/her possessions from the subject premises; and it is further ORDERED, that the Defendant/Landlord shall file written opposition to the order to show cause, by way of an answer, answering affidavit or motion, and proof of service by _________________, 20__. The original documents must be filed with the Clerk of the Special Civil Part in the county listed above. You must send a copy of your opposition papers directly to Judge _________________, whose address is _______________________________, New Jersey. You must also send a copy of your opposition papers to the Plaintiff/Tenant whose name and address appear on the verified complaint. A telephone call will not protect your rights; you must file and serve your opposition (with the fee if you file an answer) if you want the Court to hear your opposition to the relief the Plaintiff/Tenant is seeking, and it is further ORDERED, that if the Defendant/Landlord does not file and serve opposition to this order to show cause, the application may be decided on the papers on the return date and relief may be granted by default; and it is further ORDERED, that the defendant take notice that the plaintiff, named above, has filed a lawsuit against you in the Special Civil Part of the Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis for this lawsuit. If you dispute this complaint, you, or your attorney, must file a written Answer to the complaint and proof of service within 35 days from the date of service of this order to show cause, not counting the day you received it. These documents must be filed with the Clerk of the Special Civil Part in the county listed above. Include the appropriate filing fee payable to the "Treasurer, State of New Jersey." You can find out the amount of the filing fee by calling the Clerk's Office. You must also send a copy of your Answer to the Plaintiff/Tenant whose name and address appear on the verified complaint. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment by default may be entered against you. Please note: Opposition to the order to show cause is not an Answer and you must file both.

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If you do not file and serve an answer within 35 days of service of this Order, the court may enter a default against you for the relief the Plaintiff/Tenant demands. If the Plaintiff/Tenant seeks money damages, then the court may enter a judgment against you, and any interest accrued on the damage's amount and the costs of the lawsuit. If a money judgment is entered against you, a Special Civil Part Officer may seize your money, wages, or personal property to pay all or part of the judgment, and it is further ORDERED, that the Defendant/Landlord may move to modify or dissolve this Order upon day(s) written notice to the plaintiff; and it is further ORDERED, that a copy of this Order to Show Cause, verified complaint and supporting certification submitted in support of this application shall be served by the Plaintiff/Tenant upon the Defendant/Landlord personally, or if such service cannot be made, by certified mail, return receipt requested, and regular mail, within _______ days of the date of this Order, and provide proof of such service to the Court no later than three (3) days before the hearing date. If you cannot afford an attorney, free legal advice may be available by contacting Legal Services at _____________. If you can afford to pay an attorney but do not know one, you may call the Lawyer Referral Services of your local county Bar Association at ___________________. If you need an interpreter or an accommodation for a disability, you must notify the court immediately.

DATE: J.S.C.

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Form C ­ 1
}

Plaintiff / Tenant

vs Defendant / Landlord

} } } } } } } } }

SUPERIOR COURT OF NEW JERSEY LAW DIVISION, ____________ COUNTY SPECIAL CIVIL PART DOCKET NO. DC CIVIL ACTION

CERTIFICATION IN SUPPORT OF ORDER TO SHOW CAUSE TO RESTORE PLAINTIFF TO POSSESSION OF LEASED PREMISES & OTHER RELIEF

I,
(YOUR NAME) NOW)

, residing at
(WHERE YOU CAN RECEIVE MAIL

make this certification in support of my application for relief: 1. I was illegally locked out of my rented house/apartment. 2. Verbal pleas to the Defendant/Landlord have not resulted in re-entry. 3. The Defendant/Landlord has not filed the necessary Complaint in the Tenancy Court to allow for the eviction. 4. In view of the above, I respectfully request that the Court grant me immediate relief.

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statement made by me are wilfully false, I am subject to punishment. Dated: Signature: _________________________ Type or Print Name: _______________________ Plaintiff/Tenant

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