Law Division New Jersey- Procedure for getting a default judgement

[Florid-aise]

"I do not think I will be modifying a legal document especially when the court said there is not a form there is a specific procedure"

Filing a form is a specific procedure. Lawyers modify legal documents all the time. If the judge doesn't like it, he'll just say, "What's this piece of crap?" and throw it in the wastebasket.

I mean...that's what I have heard some judges do....

Why SJ, you mean to imply that you know of other and different judges that would do such a thing?

I know of a case where the defendant wrote a motion on the back of a restaurant place-mat, in BLUE CRAYON (that the restaurant provides for the kiddies). The court ruled in his favor, and the place-mat/motion is in the file today.

OP, changing a pre-printed, standardized document is not as serious as failing to file a document. Or missing a filing deadline. Remember, paper is the key to legal stuff. Filed paper (even improperly filed paper) beats no paper every single time.

 

[meganproser]

>>the defendant wrote a motion on the back of a restaurant place-mat, in BLUE CRAYON

I heard about that case. I think the defendant must have consulted with a lawyer because he knew enough to use the BLUE crayon. It is a misdemeanor in most states to fill out a legal placemat in yellow, green, or red crayons and lawyers are usually the only ones who know about that law.

 

[JETX]

I heard about that case. I think the defendant must have consulted with a lawyer because he knew enough to use the BLUE crayon. It is a misdemeanor in most states to fill out a legal placemat in yellow, green, or red crayons and lawyers are usually the only ones who know about that law.

Funny that you say that... most people don't know that a signature in RED ink is not considered legal in several states.

 

[seniorjudge]

"Funny that you say that... most people don't know that a signature in RED ink is not considered legal in several states."

There was (mabye still is) a real and rational reason for that law.

Anyone know what it was?

 

[meganproser]

Does it have to do with complications when making copies?

 

[JETX]

Does it have to do with complications when making copies?

You're getting warmer!!!

 

[nanaII]

Small Claims

In our state, once the claim has been filed with the Clerk of Court, and the defendant has been served, the court sets a date for hearing. All parties receive notice of the date, including the date the defendant must respond. If the defendant does not file their answer by the date specified, the defendant automatically defaults (or loses) the case. In other words, the default judgment is automatic. As far as collection of the default, the Clerk's office can be very helpful in directing you on how to collect. (As I said, this is in our state.. it may be different in yours.) I would check with the Clerk's office in the county in which you filed.

 

[JETX]

In our state, once the claim has been filed with the Clerk of Court, and the defendant has been served, the court sets a date for hearing.

Wow!!! What a wonderful and insightful post. Now, the OP only has to move to 'your state' to make your post worth something.
Bottom line.... who cares what happens in your state of Iowa?? The OP is in NEW JERSEY!!!

 

[meganproser]

nanall the situation in this thread did not involve small claims court.

JETX, I know red ink fades faster than others and apparently it can not be reproduced like blue or black ink. Either reason seems sufficient reason to require the use of blue or black ink on legal documents but I've googled around a bit and can't find anything to confirm either theory.

Can you tell us the answer please?

 

[nanaII]

Jetx

Did you not read my full post? I quote: "(As I said, this is in our state.. it may be different in yours.) I would check with the Clerk's office in the county in which you filed."

 

[seniorjudge]

Cameras with film...remember those?

Back in the olden days when photocopies were actually photocopies made with a camera and film, red (in some films) simply did not strike the film and thus the signature could not be seen.

That's why darkrooms (remember those?) used red lights....

 

[meganproser]

Very interesting, thanks for relieving my curiosity SJ.

I don't have a digital camera YET so cameras with film continue to be part of my life. They are not obsolete yet!

Re. red ink, my mother is a nurse and she tells me that at one point in history, each of the three hospital nursing shifts were required to use a different color ink to chart. Red was assigned to the night shift. As these records began to age it became obvious that red ink faded much faster than blue or black and the practice was discontinued. I suppose somewhere there are medical charts that read as though no one monitored the patient from 11-7.