11947 – How to Apply for a Writ of Possession (Order to Remove an Illegal Occupier from Your Property – Ejectment Action) – New Jersey

The “11947 – How to Apply for a Writ of Possession (Order to Remove an Illegal Occupier from Your Property – Ejectment Action)” form is a comprehensive guide designed for property owners or legal residents in New Jersey seeking to remove illegal occupiers from their premises. This packet, revised as of July 1, 2022, is intended for situations where there is no landlord/tenant relationship or pending domestic violence case with the occupier. It provides step-by-step instructions on completing the necessary forms and outlines the legal process, including the responsibilities of the Sheriff’s Department in executing the Writ of Possession. This form ensures that applicants understand the legal requirements and procedures to successfully obtain a Writ of Possession and regain control of their property.

Filling out this form can seem complex, but following these steps will help ensure that you complete it accurately. This guide breaks down each section and form within the packet.

General Instructions

Review the Eligibility Criteria: Ensure you meet the requirements by completing the “Writ of Possession Action vs. Landlord/Tenant or Family Action Questionnaire.” If you answer “No” to all the questions, proceed with the Writ of Possession application.

Form A: Order to Show Cause

Plaintiff or Filing Attorney Information

1. • Fill in your name, NJ Attorney ID number (if applicable), address, email address, and telephone number.

Superior Court of New Jersey Details

1. • Enter the county where you are filing the application and the docket number if known.

Parties Information

1. • Fill in the names of the plaintiff (yourself) and the defendant(s) (the person(s) you are seeking to remove).

Order Details

1. • Leave the order details for the judge to complete, including the date and time for the court hearing.

Form B: Verified Complaint

Plaintiff’s Information

1. • Enter your name, address, email address, and telephone number.

Superior Court of New Jersey Details

1. • Enter the county where you are filing the application and the docket number if known.

Defendant’s Information

1. • Fill in the name, address, email address, and telephone number of the defendant(s).

Complaint Details

1. • Paragraph 1: Describe how the defendant came to occupy the premises.
   • Paragraph 2: State that you are entitled to uninterrupted possession and the defendant’s actions are preventing this.
   • Paragraph 3: Describe the harm that has occurred due to the defendant’s actions.
   • Paragraph 4: Request judgment for unlawful detainer and right of possession.
   • Paragraph 5: Confirm no landlord/tenant relationship exists.
   • Paragraph 6: Confirm no domestic violence or family court matter is pending.
   • Paragraph 7: Describe how and when you notified the defendant to vacate.
   • Paragraph 8: State the legal basis for your claim (N.J.S.A. 2A:35-1 et seq. and/or N.J.S.A. 2A:39-1 et seq.).

Form C: Proposed Order for Possession

Superior Court of New Jersey Details

1. • Enter the county where you are filing the application and the docket number if known.

Order Details

1. • Leave this section for the judge to complete. It will include the order for the defendant(s) to vacate and any awarded damages.

Form D: Certification (Proof) of Service

Plaintiff or Filing Attorney Information:

1. • Fill in your name, NJ Attorney ID number (if applicable), address, email address, and telephone number.

Superior Court of New Jersey Details:

1. • Enter the county where you are filing the application and the docket number if known.

Service Certification:

1. • Indicate how you served the defendant(s) (personal delivery or mail) and on what date.
   • Sign and date the form, certifying that the information is true.

Form E: Writ of Possession

Plaintiff’s Information

1. • Enter your name, address, email address, and telephone number.

Superior Court of New Jersey Details

1. • Enter the county where you are filing the application and the docket number if known.

Writ Details

1. • Leave this section for the court to complete. It commands the Sheriff to restore possession of the property to you.

Final Steps

• Review: Double-check all the information you have entered for accuracy.
• Sign and Date: Ensure all required signatures and dates are provided.
• File with the Court: Submit the completed forms to the Special Civil Part Office in your county and pay the applicable filing fee.
• Serve the Defendant(s): Serve the defendant(s) with the required documents using the method indicated on Form D.
• Attend the Hearing: Appear in court on the scheduled date and time.

By carefully following these steps and completing each section accurately, you can effectively apply for a Writ of Possession to remove an illegal occupier from your property.