New Jersey Motion to Set Aside Entry of Default and Default Judgment

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

The statute of limitations on debt in NJ is six years ing to Section 2A:14-1 of the state's laws. The statute of limitations applies to all kinds of debt. These include written, oral, promissory, or open. Once this period lapses, you cannot sue an individual or use force to try and recover the debt.

Typically, the default process begins when the defendant has not responded to a properly served summons and complaint.

A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.

If the money is not collected (liens) Request to have the judgment recorded as a lien against any real estate the debtor owns. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

Every final judgment, except final judgments by default, shall grant the relief to which the party in whose favor it is rendered is entitled even though that party has not demanded such relief in the pleadings, provided the parties have been given an adequate opportunity to be heard as to the relief granted.

Writs for wage executions can last for 20 years, but other writs expire in two years. After two years, the debtor can choose to: Request a new writ of execution from the court by following the same procedures used the first time, allowing the special civil officer to keep trying to get the money; OR.

After a default judgment has been entered in the court record, the Office of the Special Civil Part will mail you a postcard that shows the date and amount of the judgment entered by the court against the defendant.

Judgments are recorded as statewide liens upon request and payment of the applicable fee. Most judgments expire after 20 years; so a request for 21 years worth of judgments will result in a report that includes the entire active database.

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New Jersey Motion to Set Aside Entry of Default and Default Judgment