Replevin

"A person seeking to recover goods in the wrongful possession of another may file a writ of replevin action to recover the goods. A replevin action must first be brought in the Superior court of New Jersey. N.J. STAT. ANN. § 2B:50-1; 4:61-1.

If a defendant to a replevin action claims title to the goods, then the defendant must state this in the answer to the complaint, as well as claim a return of goods, a statutory lien, or claim for damages in the counter claim. N.J. STAT. ANN. §4:61-3.

While a judgment is pending a court may grant temporary possession to the plaintiff, if after notice and a hearing, the court finds a probability of judgment in the plaintiff's favor. N.J. STAT. ANN. § 2B:50-2.

A court may, however, grant temporary relief to the plaintiff without notice and a hearing in extraordinary circumstances so as to prevent removal of, or the irreparable damage to, the goods in question. N.J. STAT. ANN. § 2B:50-3.

When temporary relief is granted prior to the entry of a judgment, the court may require the party be granted the temporary relief to give security. N.J. STAT. ANN. § 2B:50-4.

If the party holding the property refuses to relinquish possession of goods pursuant to a replevin action, the court may enter an order in aid of execution or, if the plaintiff requests, an order for damages against the non-complying party. N.J. STAT. ANN. § 2B:50-5.

New Jersey's Commercial Code further provides that a lessee has the right of replevin only if the lessee is unable to obtain leased goods. N.J. STAT. ANN. § 12A:2A-521."