New Jersey § 2A:15-42 Capias;  grounds in action founded upon contract

New Jersey Statutes

§ 2A:15-42 — Capias; grounds in action founded upon contract

New Jersey § 2A:15-42

Title 2AADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

This text of New Jersey § 2A:15-42 (Capias; grounds in action founded upon contract) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2A:15-42 (2026).

Text

A capias ad respondendum shall issue in an action founded upon contract, express or implied, due to plaintiff from defendant, only when the proof establishes the particulars specified in one or more of the following subparagraphs: a. That defendant is about to remove any of his property out of the jurisdiction of the court in which the action is about to be commenced or is then pending with intent to defraud his creditors; or b. That defendant has property or choses in action which he fraudulently conceals; or c. That defendant has assigned, removed or disposed of, or is about to assign, remove or dispose of, any of his property with intent to defraud his creditors; or d. That defendant fraudulently contracted the debt or incurred the demand. In such a case, the court shall hold the defend

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A capias ad respondendum shall issue in an action founded upon contract, express or implied, due to plaintiff from defendant, only when the proof establishes the particulars specified in one or more of the following subparagraphs: a. That defendant is about to remove any of his property out of the jurisdiction of the court in which the action is about to be commenced or is then pending with intent to defraud his creditors; or b. That defendant has property or choses in action which he fraudulently conceals; or c. That defendant has assigned, removed or disposed of, or is about to assign, remove or dispose of, any of his property with intent to defraud his creditors; or d. That defendant fraudulently contracted the debt or incurred the demand. In such a case, the court shall hold the defendant to bail in such an amount as is shown by the proof to be due plaintiff from defendant except that in actions to recover money from a public officer, the amount shall be that which the court thinks proper under the circumstances. This section shall not apply to proceedings as for contempt to enforce civil remedies.
L.1951 (1st SS), c.344.