How do I vacate a default Judgement in NJ?
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.
What does it mean to vacate a default?
The process of removing a default judgment is known as vacating the judgment or setting aside the judgment. In order to have a default judgment vacated or set aside, the individual must present the court a valid reason to do so.
Why would a Judgement be vacated?
A vacated judgment is both canceled/annulled, and the judgment is also considered to have “left” the case, allowing the defendant’s attorney a chance to continue to defend on his or her behalf. Vacating a judgment can provide valuable time for negotiation in cases involving creditors and debtors.
What is the rule of default in New Jersey?
N.J. Ct. R. 4:43. Rule 4:43-1. Entry of Default. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.
Who is entitled to a judgment by default?
The provisions of R. 4:43 apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim.
When does a court enter a default in a case?
Entry of Default If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.
When to issue a written notice of default?
If a party entitled to a judgment by default fails to apply therefor within four months after the entry of the default, the court shall issue a written notice in accordance with R. 1:13-7 (a). Rule 4:43-3. Setting Aside Default