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motion hearing

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R

rolee

Guest
i recently received a 'notice of motion to enter judgement by default'. i filed an objection to that motion and i also filed an 'order to vacate default judgement'. afetr doing this i received a notice of 'motion hearing'.
What happens at a motion hearing? this case is in reference to a vehicle that was repossesed in 1994. Is there a statute of limitations in new jersey for this type of debt?
Do I have any other options at this time? What are my chances of winning this case?
 


I AM ALWAYS LIABLE

Senior Member
rolee said:
i recently received a 'notice of motion to enter judgement by default'. i filed an objection to that motion and i also filed an 'order to vacate default judgement'. afetr doing this i received a notice of 'motion hearing'.
What happens at a motion hearing? this case is in reference to a vehicle that was repossesed in 1994. Is there a statute of limitations in new jersey for this type of debt?
Do I have any other options at this time? What are my chances of winning this case?
My response:

New Jersey has a 6 year S.O.L. on debts based upon a written contract.

Since you failed to respond to the original Summons and Complaint, you'll have to come up with a good reason for not having responded in the first place. If the judge accepts your excuse, he'll set aside the default and you'll need to defend the action against you.

If the judge doesn't feel that you have a legally cognizable excuse for your failure to respond when you should have, the judge will order the default and give the plaintiff the judgment against you.

IAAL
 

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