Motion to vacate default judgement

[knightmaer]

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

New Jersey

I have not payed my rent since December 2008 because the house is uninhabitable. Mold, standing water in basement, leaks in roof, and alot more. The Landlord told me nothing can be fixed live with it.

Sping comes and more rain worse conditions, mosquitoes breeding in the basement now. I call health department no help. I call Code Enforcement no help.

I start looking for a place to move in April. Cant afford it yet but soon I can get out of this craphole. Landlord files in civil court for rent owed. I answer stating damages to my personal property, conditions, violations, and the fact that she has stolen my security deposit, etc

More rain, trees falling, leaks, bugs, *mold call Code Enforcement again. Find out the Landlord has no CCO.*

I get a phone call from Landlord thanking me for the fines and for calling code enforcement.

Landlord files eviction complain.

Code Enforcement fails her for alot......gives her 14 days to correct everything because she has tenants.

Landlord does nothing to repair anything except take down a tree that was on the list from Code Enforcement. Landlord hires morons who drop tree onto house causing more damage to house and my personal property. I take video and pictures of damage to use in court two days later.


I'm a schmuck and court is not two days later but next day.*

I miss court. Default judgement issued.

I file a motion to vacate the default judgement based on:

1 The Landlords misconduct is in violation of the REPRISAL LAW N.J.S.A. 2A:42-10.10 through 10.14.*
2 The Landlord has never provided us with a copy of the Landlord Certificate of Registration as provided in N.J.S.A. 46:8-29
3 The Landlord has removed the security deposit from the financial institution and used it in violation of N.J.S.A. 46:8-25.
4**The Landlord has mistakenly added Late Fees and Electric charges to the Certification by Landlord, there is no written lease including these charges as part of the rent. (Cite: APPENDIX XI-S Landlord/ Tenant Pre-Calendar Call Instructions. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease.)
*
Anyone in NJ have an idea if this was done correctly and if I have a chance of this judgement being vacated.

 

[Zigner]

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

New Jersey

I have not payed my rent since December 2008 because the house is uninhabitable. Mold, standing water in basement, leaks in roof, and alot more. The Landlord told me nothing can be fixed live with it.

Sping comes and more rain worse conditions, mosquitoes breeding in the basement now. I call health department no help. I call Code Enforcement no help.

I start looking for a place to move in April. Cant afford it yet but soon I can get out of this craphole. Landlord files in civil court for rent owed. I answer stating damages to my personal property, conditions, violations, and the fact that she has stolen my security deposit, etc

More rain, trees falling, leaks, bugs, *mold call Code Enforcement again. Find out the Landlord has no CCO.*

I get a phone call from Landlord thanking me for the fines and for calling code enforcement.

Landlord files eviction complain.

Code Enforcement fails her for alot......gives her 14 days to correct everything because she has tenants.

Landlord does nothing to repair anything except take down a tree that was on the list from Code Enforcement. Landlord hires morons who drop tree onto house causing more damage to house and my personal property. I take video and pictures of damage to use in court two days later.


I'm a schmuck and court is not two days later but next day.*

I miss court. Default judgement issued.

I file a motion to vacate the default judgement based on:

1 The Landlords misconduct is in violation of the REPRISAL LAW N.J.S.A. 2A:42-10.10 through 10.14.*
2 The Landlord has never provided us with a copy of the Landlord Certificate of Registration as provided in N.J.S.A. 46:8-29
3 The Landlord has removed the security deposit from the financial institution and used it in violation of N.J.S.A. 46:8-25.
4**The Landlord has mistakenly added Late Fees and Electric charges to the Certification by Landlord, there is no written lease including these charges as part of the rent. (Cite: APPENDIX XI-S Landlord/ Tenant Pre-Calendar Call Instructions. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease.)
*
Anyone in NJ have an idea if this was done correctly and if I have a chance of this judgement being vacated.

The information you list above should have been addressed at the hearing. You missed the hearing. You lose. Being a schmuck is not a valid reason for missing court.

 

[knightmaer]

I wasnt really a schmuck I just trusted my wife who is usually the scheduler of everything in my life.

I wrote a letter with my motion stating:

"We humbly appoligize for not appearing on the scheduled date and time. We did not appear in court on Monday May 17, 2010 to respond to a Civil Action Docket Number XXXX. My wife is disabled and had a post surgical doctors appointment on Monday May 17, 2010. My wife incorrectly thought that court was on Tuesday May 18th, 2010. My wife has a severe heart condition, COPD and other medical conditions that have been aggravated by the Landlords recent actions. My wife had chest pains and a very bad anxiety attack on Sunday May 16th, 2010. I was very concerned with her condition and did not check on the court date to confirm it.

When we realized we had missed the court date, at about 2pm on Monday we immediately called the court. I was told by the clerk that it was to late to appear and a default judgement was entered.

Please allow us to present our case. We ask the court "in the interest of justice" to vacate the judgement granted so we can defend ourselves at a new hearing."

I guess I did something right because I have a date for the motion I just filed.

 

[Zigner]

I wasnt really a schmuck I just trusted my wife who is usually the scheduler of everything in my life.

I wrote a letter with my motion stating:

"We humbly appoligize for not appearing on the scheduled date and time. We did not appear in court on Monday May 17, 2010 to respond to a Civil Action Docket Number XXXX. My wife is disabled and had a post surgical doctors appointment on Monday May 17, 2010. My wife incorrectly thought that court was on Tuesday May 18th, 2010. My wife has a severe heart condition, COPD and other medical conditions that have been aggravated by the Landlords recent actions. My wife had chest pains and a very bad anxiety attack on Sunday May 16th, 2010. I was very concerned with her condition and did not check on the court date to confirm it.

When we realized we had missed the court date, at about 2pm on Monday we immediately called the court. I was told by the clerk that it was to late to appear and a default judgement was entered.

Please allow us to present our case. We ask the court "in the interest of justice" to vacate the judgement granted so we can defend ourselves at a new hearing."

I guess I did something right because I have a date for the motion I just filed.

Of COURSE you have a date for the motion filed. Good luck.