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Need help with a motion to vacate default judgement

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whatnextnj

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

Without too much detail my problem is this. I was sent an order to appear before the judge for a default judgement. I understand I need to file a motion to vacate the default but I also need to submit some sort of letter explaining the reason why I was charged with default and why I'm asking for the motion.
Basically, I have cancer...stb ex husband is well aware of what I've been dealing with and what I am go through now. He puposely(in my eyes) served the divorce papers right before my first surgery, which I returned to the court within the time frame but forgot to submit some additional forms. I've had 3 surgeries, chemo, dr visits...the list goes on. I had requested a delay in the initial divorce claim but stb denied it.
He purposely (again, in my eyes) submitted the default claim at a time he knows my response will be delayed. I am out of commission for a solid week after chemo and again, he knows this!
I have no income, I am unable to work because of my health problems and have filed for disability but have not received anything yet.
I can hardly afford my rent let alone an attorney.
Ok, what I'm trying to figure out is there any helpful information on composing the letter? I don't want to get into unecessary things but I want to include as much as possible and I'm hoping the judge will get a grasp on how evil this man is.
I've searched all over the internet and come up empty.
Any assistance, suggestions, tips would be greatly appreciated!What is the name of your state (only U.S. law)?
 


whatnextnj

Junior Member
No I don't. He wants primary residential custody, not for our children's best interest but to hurt me and he also wants alimony and child support.
 

LdiJ

Senior Member
No I don't. He wants primary residential custody, not for our children's best interest but to hurt me and he also wants alimony and child support.
I think perhaps that you mean that you do not agree with his proposals, rather than you do. Which is the impression that you gave.


Is there anyone who can help you retain an attorney?

Based on what you are dealing with I don't think that you can realistically handle this on your own.
 

whatnextnj

Junior Member
Correction and update

I'm sorry, No I don't agree with his proposal. You were right, I spoke to someone from the state family division today and she also advised to get a lawyer. I have to get the money for it somehow. She said I can either file a motion to delay the divorce, vacate the judgement but said showing up to see the judge on the day of my default hearing would be the best avenue. I'm torn now because I thought once I allowed it to go forward with the default that it would put me at a disadvantage but she seems to think otherwise and I guess she would know!
So, my next step is find money then find a lawyer. I don't have anyone that can help me pay for one unfortunately.
Thank you for your response
 

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