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  1. #1
    nycgirl is offline Junior Member
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    Law Division New Jersey- Procedure for getting a default judgement

    What is the name of your state?--- New Jersey

    I filed a suit against someone in the state of NJ. The suit is filed in the Law Division of the Civil Part. The person has not filed the answer within the 35 days allowed. I need to know the procedure in filing a default judgment since in the Law Division there are no specific papers I can file.

    simply put- What do I have to do to get a default judgement against someone who has not answered the suit?
  2. #2
    seniorjudge Guest
    Could I just ask how you intend to execute this judgment once you get it?

    How much are you asking for?

    Would it be worth it to hire a lawyer?

    If you mess this up by doing it yourself, you could be hurting yourself.
  3. #3
    nycgirl is offline Junior Member
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    Once I get the judgment I am going to trenton to get it reported on his credit report , then I am going to ask for wages to be garnished and an accounting of his bank account. I do have access to all that information.

    The amount is 32k.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by nycgirl
    simply put- What do I have to do to get a default judgement against someone who has not answered the suit?
    This is really easy... and not subject to the 'other' questions.

    A copy of the form to file (with instructions) is at:
    [url]http://www.judiciary.state.nj.us/prose/mscsj_fill.pdf[/url]
  5. #5
    nycgirl is offline Junior Member
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    Jetx
    I am not suing in the Special Civil part, those forms are for the Special Civil. There are 3 parts of Civil in NJ

    Small Claims, up to 3k
    Special civil from 3k-15k
    Law Division 15k - unlimited

    I am suing in the Law Division. Thank you but you obviously did not read the whole thing.
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by nycgirl
    Jetx
    I am not suing in the Special Civil part, those forms are for the Special Civil. There are 3 parts of Civil in NJ

    Small Claims, up to 3k
    Special civil from 3k-15k
    Law Division 15k - unlimited

    I am suing in the Law Division. Thank you but you obviously did not read the whole thing.
    Doesn't matter. The format is identical... simply modify the form as needed to reflect the proper court.
  7. #7
    nycgirl is offline Junior Member
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    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
  8. #8
    JETX is offline Senior Member
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    Quote Originally Posted by nycgirl
    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
    ROTFLMAO!!! Okay, go hire a local attorney.
  9. #9
    meganproser Guest
    Before you rush into filing for default, are you sure the NJ court has jurisdiction over the defendant?

    Are you sure the defendant was properly served with the complaint and summons?

    Have you gone to the court's web site and read their rules? The rules will give you the details of what qualifies as proper service. It should also tell you how they want a default motion handled although JETX already told you EXACTLY what you needed to know.

    You are wise to question advice, especially free advice, if you have any doubts about it. You may want to try POLITELY expressing your concerns next time rather than attacking the individual who was kind enough to offer assistance. Sheesh.
    Last edited by meganproser; 01-01-2005 at 12:54 AM.
  10. #10
    nycgirl is offline Junior Member
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    Quote Originally Posted by meganproser
    Before you rush into filing for default, are you sure the NJ court has jurisdiction over the defendant?

    Are you sure the defendant was properly served with the complaint and summons?

    Have you gone to the court's web site and read their rules? The rules will give you the details of what qualifies as proper service and it should also tell you how they want a default motion handled although JETX already told you EXACTLY what you needed to know.

    You are wise to question advice, especially free advice, if you have any doubts about it. You may want to try POLITELY expressing your concerns next time rather than attacking the individual who was kind enough to offer assistance. Sheesh.
    I would not have filed in NJ if they did not have jurisdiction- the person works and lives in the county where I filed. Yes the person was properly served I hired a process server and once the person was served I file the notarized paper with the court verifying he was served.

    I did not attack him about his advice, I just do not think modifying a legal document is correct advice.

    I found the rule and will go on that. I may be being a little rude but the questions you guys ask pertaining to the what I am looking for is stupid. Am I sure he was properly served?? Did you think I filed out the court documents and just mailed them to the defendent. No I filed them with the court first got a docket # and all that is necessary then had his ass served. Since the defendent has not answered this is where I am stuck as to how to get a judgment against him. That is all I want to know. Ya know what i guess for free what else can I expect. Im going to consult a lawyer!!
  11. #11
    seniorjudge Guest
    "Im going to consult a lawyer!!"

    This is a wise move.

    By the way, jetx gave you the correct answer and (believe me) if jetx and I agree on something, then you know that it is right!
  12. #12
    JETX is offline Senior Member
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    Quote Originally Posted by meganproser
    The rules will give you the details of what qualifies as proper service
    Actually, that is probably not true. However, the rules of service ('NEW JERSEY RULES GOVERNING CIVIL PROCEDURE IN THE SUPERIOR COURT') can be found online at:
    [url]http://www.megalawserve.com/states/nj.php[/url]
  13. #13
    seniorjudge Guest
    "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....
  14. #14
    meganproser Guest
    >>I would not have filed in NJ if they did not have jurisdiction

    Attorneys, even Judges, sometimes file in the wrong court.

    >>I did not attack him about his advice, I just do not think modifying a legal document is correct advice.

    On second glance I think the word “attack” was too strong. A couple of your statements were rather haughty and in the context of the exchange, I thought they were rude.

    >> I may be being a little rude but the questions you guys ask pertaining to the what I am looking for is stupid.

    If you don’t know how to file a default motion and couldn’t locate the instructions, how do you expect people to know you are incapable of making any errors regarding jurisdiction, service, etc.?

    Here is one last stupid question for you. Have you considered the possibility your defendant knows something that you don’t know?

    >>Am I sure he was properly served??

    A process server only serves the papers he has been given.

    >> Ya know what i guess for free what else can I expect.

    You could have expected no answer at all, a partial answer, a stupid answer, incorrect answer, etc. What you got, was the time and attention of three individuals who cared enough to try and help you…for free.
  15. #15
    meganproser Guest
    JETX: I knew the rules were SOMEWHERE!

    SJ: Thanks for the laugh!

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