How to Request a Default Judgment in the Superior Court of New Jersey - Special Civil Part (Small Claims and Regular Special Civil Part Cases)
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FAQ
In some instances, a default judgment can be removed. This process is called vacating or setting aside the judgment. In order to have the default judgment vacated or set aside, the person must show the court they have a good reason to do so.
The cost to file a motion will increase from $30 to $50. Finally, it will now cost $25 to file a non-dissolution (FD) application/motion.
In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).
In New Jersey, there is a six-year statute of limitations on collecting a debt. This means that a creditor can no longer make attempts to collect on a debt once six years have passed since the original date that payment was owed.
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.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.
(1) Defendant must be served with Summons and Complaint. (2) The time for responding to the Summons and Complaint must have passed. (3) Defendant must have failed to file a responsive pleading to the Complaint. (4) Defendant must be served with a Statement of Damages.
A judgment from another state can be enforced by docketing it with the Clerk of the Superior Court in Trenton. It will then be a lien on any real estate owned by the debtor in New Jersey and other collection efforts must be made through the Sheriff's Office in the county where the debtor has assets.
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
