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CHANCERY/ GENERAL EQUITY

Wilentz Justice Complex - 8th floor
212 Washington Street
Newark, NJ 07102
973-648-2119

The courts in the Chancery Division-General Equity hear cases that seek what is known as equitable relief rather than monetary compensation. Equitable relief usually involves the court compelling or restricting actions of one of the parties (such as labor injunctions, foreclosures, dissolution of a corporation or partnership, execution of wills and distribution of estates). The jurisdiction of the Chancery Division to grant relief generally exists in the following areas:

General Equity Part

  • Enforce the performance of contracts, trusts and fiduciary obligations
  • Re-execute or correct instruments lost or erroneously drafted
  • Set aside transactions that were illegal, fraudulent, etc.
  • Execute writs of attachment
  • Stop actions that will cause irreparable harm
  • Grant the reacquisition of property upon default of mortgage or tax payments

Emergent Applications

There are three types of actions that judges hear on an emergent basis:

1) Orders to Show Cause
2) Sheriff’s Evictions
3) Special Medical Guardianships

Foreclosures

Until an Answer is filed, all uncontested foreclosures are handled by the Foreclosure Unit in Trenton, NJ. The Foreclosure Unit forwards all cases in which contested Answers are filed (and all subsequent papers involving the contested foreclosure) to the Essex Vicinage’s Chancery Division)

Probate Jurisdiction

  • Execute wills
  • Distribute Estates
  • Protect infants or persons with mental incompetence
  • Complete gifts according to the donor’s intent

All pleadings involving probate matters should be filed with the Office of the Essex County Surrogate, located in the Hall of Records, Room 206, 465 Dr. Martin Luther King, Jr. Blvd., Newark NJ 07102. For additional information, please call the Office of the Essex County Surrogate at 973-621-4900.

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