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Wrong Address

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A

aezelig

Guest
What is the name of your state? NJ

I sued two different people on a single complaint.

I have since received default judgments on the complaint as both parties failed to file an answer.

One party has filed a motion to vacate judgment as she claims that she did not receive the summons and complaint. (she's full of beans....but)

I just found out that I gave the court the wrong address for the other party, so I would assume the mail never got there but I did not receive it back from the post office.

What do I do now for the other party? Do I just send a letter to the correct address stating that he owes me money based on the default judgment and wait for him to file a similar motion to vacate or is there some court procedure that I need to follow?
 


dequeendistress

Senior Member
What did the court in which you obtained the judgement advise you?

You sent these original notices how? Allow me to summarize your original post...

You obtained judgement on one complaint against two parties, although now one party now claims they did not receive notice in which they did not have an opportunity to file an answer. You admit that you have now found out that you IN FACT sent this notice per what I assume<---terrible word, thru the mail to an INCORRECT address... but NOT thru certified or otherwise RRR mail. HOW did you prove to the court that these persons were notified at all?
 

JETX

Senior Member
Sorry, but your post appears to be in conlict with New Jersey's rules of serving a summons.

You post implies that you made service on the defendants by mail ("I did not receive it back from the post office.").

However, the NJ rules say:
"4:4-3. By Whom Served; Copies
(a) Generally. Summonses and writs shall be served, together with a copy of the complaint, by the sheriff or by a person specially appointed by the court for that purpose or by a person otherwise authorized by these rules. The plaintiff shall furnish the person making service with the summons and as many copies thereof, each with a copy of the complaint annexed, as there are persons to be served, and in Superior Court actions, with one additional copy of the summons. Wherever service by mail is permitted by these rules, such mailing may be made by the attorney or a party appearing pro se. Return of service shall be made as provided by R. 4:4-7."

The mailing of a summons is ONLY allowed if the personal service was unsuccessful:
"Failure of Sheriff's Service.
If the sheriff has returned the summons and complaint to plaintiff or plaintiff's attorney unserved or if 40 days have elapsed after transmittal, by mailing or hand delivery, of the summons and complaint to the sheriff without plaintiff or plaintiff's attorney having received a sheriff's return of service, service may be made within this State (1) personally, by plaintiff's attorney or the attorney's agent or any other competent adult not having a direct interest in the litigation, or (2) by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule or law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant's place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addressed to the defendant's usual place of abode. The party making service may, at the party's option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim or accept delivery of registered mail and if the ordinary mailing is not returned, the simultaneous mailing shall constitute effective service. Return of service shall be made as provided by R. 4:4-7. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2."

In any case, if a defendant was NOT served as required by the NJ rules, that party can file a Motion to Dismiss with the court. And if you can't PROVE that service was made as required, then the court will dismiss the judgment against that party or parties.
Oh, and guess what??? If you didn't get a return of of the RRR from the post office, they weren't served.
 
A

aezelig

Guest
The New Jersey Special Civil Part court sent out the summons and complaint on my behalf.

I supplied them with the wrong address.

Since the defendant did not file an answer, the court awarded me a default judgment.

Based on NJ rules, if a defendant does not file an answer they will award default. Since there was no return receipt or answer was received by the court they automatically award me a judgment.

My question is, do i now notify the court the address is wrong, even though i have a judgment against the defendant, and just start the process all over with the correct address?
 

dequeendistress

Senior Member
Your posts are not making sense...

YOU stated the defendant FILED a complaint with WHOM was the complaint filed? Why are you asking if YOU need to notify the courts---do they not know? A

s you have been advised...WHERE is the return receipt???? I believe it may be an index sized card...US postal service...in lieu of personal service...

You should be notified of a hearing date and then present the case as to WHY this person owes you...but something just does not seem right...
 

JETX

Senior Member
Okay, lets cut to the chase....
"My question is, do i now notify the court the address is wrong, even though i have a judgment against the defendant, and just start the process all over with the correct address?"
*** Yes. Any judgment you have against a defendant who can show that he was NOT served with notice per the NJ rules can have the judgment dismissed.
 

JETX

Senior Member
In my opinion yes. There are two issues here....
1) If the judgment is not corrected, any processes made as a result of that judgment (garnishment, execution, levy, etc.) could be 'undone' by the judgment debtor getting a dimissal, and
2) If not done, the SOL clock is still 'ticking' and could expire before the writer 'fixes' his/her problem making any subsequent action voidable.
 

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