New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
DISTRAINT LAW
N.J.S.A. 2A:33-1 through 2A:33-23
Printed February 2008
2A:33-1. Authorized distraints; liability for wrongful distraint; prohibition on money owed on
lease of residence
Distraints may be taken when authorized by law; but no unreasonable, excessive or wrongful
distraint shall be taken, and for any such taking, the distraining party shall be liable in damages
to the party aggrieved.
No distraint shall be permitted for money owed on a lease or other agreement for the
occupation of any real property used solely as a residence of the tenant.
L.1951 (1st SS), c.344, amended by L.1971, c. 228, s. 1.
2A:33-2. Place of impounding chattels
Chattels distrained or taken by distress, at one time, for any cause whatsoever, shall be
impounded together or the distraining party shall be liable in treble damages to the party
aggrieved.
L.1951 (1st SS), c.344
2A:33-3. Exemptions
Property to the value of $500, to be selected by the person distrained against or as provided in
section 2A:33-12 of this title, and all wearing apparel shall be exempt from distraint. This
section shall be inapplicable in the case of the impounding and distraint of straying domestic
animals.
L.1951 (1st SS), c.344
2A:33-4. Impounding of strays
Cattle or other domestic animals found straying on the property of any person other than their
owner, causing damage to such property, may be distrained and impounded to secure
reimbursement for such damage.
L.1951 (1st SS), c.344
2A:33-5. Distraint for levying of penalty inflicted or money directed to be paid by law;
warrant and sale by judge or magistrate