Revised 04/2017, CN 10916 Page 1 of 14 Civil 226 SCP Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises) April 2017 How to Apply For the Return of Your Personal Property or to Return to Your Rental Premises Superior Court of New Jersey - Special Civil Part 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 onl(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: Do not provide any party222s confidential personal identifier information in these pleadings and on any documents that you may submit to the Court unless directed to do so by court order, statute, court rule or Admi nistrative Directive. 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 Completed forms are to be submitted to the county where you are filing your case. A list of Special Civil Part Offices is provided at the customer counter and at njcourts.gov . American Legal Civil 226 SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises) Revised 04/2017, CN 10916 Page 2 of 14 Things to Think About Before You Represent Yourself in Court Try to Get a Lawyer The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online or in your local yellow pages under 223Legal Aid224 or 223Legal Services224. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The county bar lawyer referral service can. The county bar lawyer referral service can supply you with the names of attorneys in your area willing to handle your particular type of case and who may sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. What You Should Expect If You Represent Yourself While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. 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 from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge. Keep Copies of All Papers Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs, and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary. American LegalNet, Inc. www.FormsWorkFlow.com Civil 226 SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises) Revised 04/2017, CN 10916 Page 3 of 14 Definitions of Words That May Be Used In This Packet Answer - An answer is a written response which explains why you believe you do not owe the money to the other party in the case. Court Officer - A court officer is an official of the court who enforces a Warrant of Removal. Certification - A certification is 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. Confidential Personal Identifiers 226 Confidential personal identifiers refer to any person222s social security number, driver222s license number, vehicle plate number, insurance policy number, active financial account number or active credit card number. Defendant/Landlord - The defendant/landlord is the person who is being sued and who owns the rental premises. Order - An order is a written or oral command by a court directing or forbidding an act. Order to Show Cause - An Order to Show Cause is 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 - Peaceable possession is normal use and enjoyment of the rental premises. Plaintiff/Tenant - The plaintiff/tenant is the person who starts the lawsuit and who leases the rental premises from the landlord. Relief - Relief is what you are asking the court to do or what the court commands. Treble Damages - Treble damages is the amount of money awarded to a party tripled by the court when allowed by law. Unlawful Entry - Unlawful entry is entering someone else222s rental premises without legal authority even if you are the owner of those premises. Verified Complaint - A verified complaint is 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 - A warrant of removal is an order by the court which allows an eviction of the tenant at the request of the landlord. Wrongful Distraint - Wrongful distraint is taking, disposing of or selling someone else222s personal property without legal authority. American LegalNet, Inc. www.FormsWorkFlow.com Civil 226 SCP, Unlawful Entry & Wrongful Distraint Application (Return of Personal Property or to Rental Premises) Revised 04/2017, CN 10916 Page 4 of 14 Note: All of the papers must be read before being signed and returned to the Special Civil Part Office. You must contact the Clerk222s 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 226 Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign the verified complaint on page 2. Form B 226 Order to Show Cause: Fill in only the plaintiff222s name (your name) and the defendant222s name (the landlord222s name) at the top of the page. Form C 226 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 premises by the landlord and you want to return to t