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Motion to Vacate and Old Default Judgment

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dipurple

Junior Member
What is the name of your state (only U.S. law)? NJ

I am in the process of preparing a Motion to Vacate a Default Judgment and Dismissal of the Complaint in New Jersey. I had an automotive service center in August 2003 which did not prosper and I had to close the business in May 2004. There was equipment leased that I returned and the lessor filed the complaint for the balance due on the lease agreement. I had some devastating personal issues that occurred during the time the answer was due and I did not respond so the default judgment was ordered in January 2006. I am healthier now and upon receiving a wage execution order began to take a closer look and noticed it indicated I could file for vacation of the judgment. So that is where I am at this time. I've prepared the Motion and am about 92% complete based upon genuine issues of material fact in that (A) the default judgment is void because court lacked subject matter jurisdiction pursuant to Rule 4:50-1(d); (b) based upon exceptional situation relief from judgment should be granted Rule 4:50-1(f); (D) entitled to relief under Rule 4:40-1(6); (E) dispute of amount; and (F) not barred by the doctrines of estoppel and laches. The last two issues are is where I'm struggling. My questions are as follows:

1- In a motion is it an acceptable practice to rely and cite the local State rules as well as the Federal laws that apply?

2- Of course I don't feel as though I should pay anything because I called and requested that they come and pick up the equipment. But the lease agreement says otherwise. However, the lease agreement shows an amount for the equipment different than what was used in their calculations, plus based upon the lease agreement forum selection clause this matter should have been adjudicated in Colorado which requires a different methodology for calculating judgment amounts, and they claim they sold the equipment for a price that is about 30% of its original value. There was no documentation (receipt) to validate or verify the sale of the equipment. Is this a genuine issue of fact that I should push? Is citing cases required, because I can't locate any that is similar to my circumstances?

3- Finally I'm struggling with understanding estoppels nd laches for which I believe I am not barred from claiming but I'm not sure.

Any help in these questions would be greatly appreciated.
 
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