Vacate Default Judgement on counter claim

[lapatta]

What is the name of your state? NJ

I got a default judgement from Somerset, NJ Small claims court on a counter claim. I had served the plaintiff with certified mail and also served the default judgement 5 months ago with certified mail.

Recently I turned the case to a collection agency to collect my judgement
since there was no response from the plaintiff.

Upon hearing from the collection agency the plaintiff has filed a motion to vacate the default judgement saying he did not get served.

I have certified mail proof that he was served for the counter claim and judgement.

Does the plaintiff's motion hold any ground?

Can he be punished for filing a false motion that he was not served?

Expert opinions?

-lapatta

 

[seniorjudge]

Make sure you file your answer to that claim and make sure you ask for a hearing on it.

I can tell you that default judgments are not favored by courts since one side did not get to present its side.

I do not, of course, have the slightest idea what will happen in your case.

 

[Florid-aise]

Perchance, did the Plaintiff have an attorney at the time of service?

 

[lapatta]

Perchance, did the Plaintiff have an attorney at the time of service?

No attorney was involved.

Here is the sequence.

1. The plaintiff sued me
2. I counter sued the plaintiff and served him via certified mail
3. Plaintiff did not show up for trial, I got default judgement for counter claim
4. I served the judgement by certified mail
5. Gave the court judgement to collection agency
6. After hearing from collection agency, the plaintiff is filing a motion to vacate default judgement

 

[JETX]

Does the plaintiff's motion hold any ground?

Based solely on the information in your post, my opinion is that it does not.

Can he be punished for filing a false motion that he was not served?

No.

Expert opinions?

Yes.

 

[seniorjudge]

...I got a default judgement from Somerset, NJ Small claims court on a counter claim....

Re-reading your post and realizing that it was on a counterclaim, I think you should win hands down.

Let us know here....

Since it was a counterclaim (i.e., the other guy started it) he was not paying very close attention, was he?

Really...I need to know how this turns out.

 

[Florid-aise]

Sometimes when an attorney is involved, an attorney can get by with a claim of "inadvertance" or similar claim.
No attorney, no claim can be made.

The RRR card is substantial in civil small claims cases.

Go forward with your case.

Post back with results.

 

[JETX]

After hearing from collection agency, the plaintiff is filing a motion to vacate default judgement

One thing that I overlooked in my earlier response is that you have failed to provide any information on the plaintiffs reason for the motion.
What is his basis for the motion??
If he is claiming improper service or notice, he will get laughed out of court.
If he is claiming some prior situation, conflict of schedules, etc., the court should set a hearing on the motion and at least hear what he says. If the court finds his reason practical, the court could set aside the judgment and hear the matter again. The main goal of small claims court is to give the parties their 'due justice'. If for some reason that didn't happen, the court can (and should) remedy.

 

[seniorjudge]

"TERROR ALERT upgrade from France:
In light of the Madrid bombings, France has upgraded its terror alert level from "run" to "hide."
According to the French government, the only two higher levels are "surrender" and "collaborate."

You know, JETX, this is really not very nice. Had the French not helped us out in the Revolutionary War, we would have all been speaking....never mind.

 

[Florid-aise]

"TERROR ALERT upgrade from France:
In light of the Madrid bombings, France has upgraded its terror alert level from "run" to "hide."
According to the French government, the only two higher levels are "surrender" and "collaborate."

You know, JETX, this is really not very nice. Had the French not helped us out in the Revolutionary War, we would have all been speaking....never mind.

Always arriving late, they do. But arrive they did. Thank goodness.

There is a hero of mine in the drink somewhere while on his way tooling merrily along one day on his way to Libya. As soon as I can forget that, I can focus more on the very positives of the Revolution.

 

[JETX]

You know, JETX, this is really not very nice. Had the French not helped us out in the Revolutionary War, we would have all been speaking....

Yep, I am in New Orleans as we speak... brushing up on my French-American obligations to each other....
Have had a lot of good French cooking during my visit. Was just at the 'Court of Two Sisters' last night... had an excellent 'Filet de poisson Orleannaise'... with a fine bottle of 'Didier Dagueneau Poilly Fume 2002'!!

However, I do think the one time in history that France helped us.... is more than offset by the many, many times that we have helped them. And lets NOT forget the little thing called the French and Indian war (where TWO of my ancestors were killed fighting the French at 'Braddock's Defeat'). The French use to have an imposing world prominence.... but no longer. They are now a bunch of 'Franco-phile' nuts.

 

[seniorjudge]

Yep, I am in New Orleans as we speak... brushing up on my French-American obligations to each other....
Have had a lot of good French cooking during my visit. Was just at the 'Court of Two Sisters' last night... had an excellent 'Filet de poisson Orleannaise'... with a fine bottle of 'Didier Dagueneau Poilly Fume 2002'!!

However, I do think the one time in history that France helped us.... is more than offset by the many, many times that we have helped them. And lets NOT forget the little thing called the French and Indian war (where TWO of my ancestors were killed fighting the French at 'Braddock's Defeat'). The French use to have an imposing world prominence.... but no longer. They are now a bunch of 'Franco-phile' nuts.

If you love antiques, go to Ponchatoula....but don't get that lawyer's desk in the store next to the train station. It's mine!

 

[Florid-aise]

Stay clear of Pat O'Briens. Da huricans do blow sumpin fierce der yes dey do, OOOOoouuuuiiiiiiee !

My fren, himself did hav hisself 5 or 4 fingurs, he could fix yu sumpin nice to da bone of yur marrow, yesssss he culd.

 

[JETX]

If you love antiques, go to Ponchatoula....but don't get that lawyer's desk in the store next to the train station. It's mine!

Not much of antiquer (spelling?)..... but I might just stop by there and see if I can buy myself a mighty fine desk!! Will being going there tomorrow.