N.J. Stat. Ann. § 2A:33-1 et seq. § 2A:33-19
Actions against distrainor; double costs in certain cases
Operative Text
In any action brought to recover damages for an alleged wrongful distress or wrongful act after distraint, a defendant, in whose favor judgment is rendered, shall be entitled to recover double costs.
Under N.J.S.A. 2A:33-1 et seq. § 2A:33-19, when a lawsuit is filed alleging that a distraint (the seizure of a tenant's property to satisfy unpaid rent) was wrongful, the defendant who wins that lawsuit is entitled to recover double the normal court costs from the losing party. This provision creates a financial consequence designed to discourage unfounded claims against those who conducted the distraint. It applies specifically to the prevailing defendant in such actions, not to plaintiffs or other parties.
Plain English — not legal advice.
Landlords or property managers who conduct a distraint under New Jersey law and are subsequently sued for alleged wrongful distress should be aware that N.J.S.A. 2A:33-1 et seq. § 2A:33-19 provides a meaningful protection: if judgment is rendered in their favor, they are generally entitled to seek double costs from the opposing party. Compliant operators typically document the basis for any distraint carefully, preserving records that can support a defense if litigation arises. Maintaining thorough documentation of rent arrears, notices, and the distraint process itself is a standard practice among operators who rely on this remedy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe a landlord's seizure of their property was unlawful may have grounds to bring an action for wrongful distress, but should understand that N.J.S.A. 2A:33-1 et seq. § 2A:33-19 creates a risk: if the defendant (typically the landlord) prevails, they may be awarded double court costs against the tenant who brought the claim. Tenants considering such an action can explore their rights through a local tenant-rights organization or legal aid office familiar with New Jersey distraint law. Understanding the strength of the underlying claim before proceeding is a general consideration that tenant advocates and attorneys often raise in these situations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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