State v. $7,139.00 U.S. Currency

HAINES, A.J.S.C.

This is a forfeiture action. The forfeiture statute, N.J.S.A. 2C:64-3b, provides: “The complaint shall be verified on oath or affirmation.” The defendant moves to dismiss the complaint because it was not “verified on oath or affirmation” but was certified pursuant to R. l:4-4(b) which provides: “In lieu of the affidavit, oath or verification required by these rules, the affiant may submit ...” a certification. This opinion concludes that the motion must be denied, that the complaint is verified in accordance with law.

The defense argues form, not substance. The certification…