To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
The first step in judgment enforcement in New Jersey is obtaining a writ of execution which allows for the seizure of property to satisfy the judgment. This can include: Personal property such as cars and equipment. Business interest such as stocks.
STEP 1: Determine whether or not the defendant (judgment debtor) is a member on. STEP 2: Compile all the documentation and proof you have to support the entry of. STEP 3: Complete and Sign the attached form: Certification of Proof. STEP 4: File the completed form, with all attachments, with the Office of the Special Civil.
STEP 1: Determine whether or not the defendant (judgment debtor) is a member on. STEP 2: Compile all the documentation and proof you have to support the entry of. STEP 3: Complete and Sign the attached form: Certification of Proof. STEP 4: File the completed form, with all attachments, with the Office of the Special Civil.
To record a judgment, you should request a Statement for Docketing from the Office of the Special Civil Part in the county where the case was heard. The Statement for Docketing must be filed with the Clerk of the Superior Court, Richard J. Hughes Justice Complex, P.O. Box 971, Trenton, N.J. 08625.
1. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.
A judgment in any court of record in this state may be revived by proper proceedings or an action at law may be commenced thereon within 20 years next after the date thereof, but not thereafter.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.