When Are New Jersey Law Division Motion To Vacate Default Judgments Filed And Heard?

A New Jersey Special Civil Part Motion To Vacate Default Judgment must be typically be served and filed 16 days before the hearing date.  Other than an ex parte motion and except as otherwise provided by R. 4:46-1 ( summary judgment) and R. 5:5-4(c) (post judgment motions), a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte. Thus, for example, if the return date of the motion is a Friday, the motion must be filed and served not later than the Wednesday, 16 days prior. If a motion is supported by affidavit or certification, the affidavit or certification shall be filed and served with the motion. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week. Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court.  For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.

How Are New Jersey Law Division Motion To Vacate Default Judgments Decided?

On a New Jersey Law Division Motion To Vacate Default Judgment, supported with a brief, and upon such terms as are just, the New Jersey Law Division may relieve a party or the party's legal representative from a New Jersey Law Division final judgment or New Jersey Law Division final order for the following reasons:  (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the New Jersey Law Division judgment or New Jersey Law Division order and which by due diligence could not have been discovered in time to move for a new New Jersey Law Division trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the New Jersey Law Division judgment or New Jersey Law Division order is void; (e) the New Jersey Law Division judgment or New Jersey Law Division order has been satisfied, released or discharged, or a prior New Jersey Law Division judgment or New Jersey Law Division order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the New Jersey Law Division judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the New Jersey Law Division judgment or New Jersey Law Division order.  A court should view the New Jersey Law Division Motion To Vacate Default Judgment with great liberality, and every reasonable ground for indulgence is tolerated to reach a just result.  This reflects New Jersey's strong public policy that New Jersey Law Division cases should be heard on their merits and that a technical violation of the rules should not result in the forfeiture of an otherwise valid New Jersey Law Division claim or New Jersey Law Division defense.  To qualify relief from a New Jersey Law Division Default Judgment, the New Jersey Law Division defendant must prove to the New Jersey Law Division that:  (1) the New Jersey Law Division defendant’s failure to answer or otherwise to appear was excusable under the circumstances; and (2) the New Jersey Law Division defendant had a meritorious defense to the New Jersey Law Division case.  In deciding whether or not to vacate a New Jersey Law Division default judgment, all doubts should be resolved in favor of the party making the New Jersey Law Division Motion To Vacate Default Judgment.

If I Am Making A New Jersey Law Division Motion To Vacate Default Judgment In The New Jersey Law Division, What Must I File With The New Jersey Law Division?

• Notice of motion
• Certifications or affidavits presenting any facts supporting your claim for relief
• Proof of mailing of the entire motion package to all other parties
• A brief that states the legal reasons for the New Jersey Law Division to grant the New Jersey Law Division Motion To Vacate Default Judgment and that refers to any cases, court rules, laws or regulations that support your right to relief.  The brief may also discuss facts if those facts are already in the New Jersey Law Division record or if you introduce the facts into the New Jersey Law Division record in the manner required by the New Jersey Court Rules.
• A proposed New Jersey Law Division answer to the New Jersey Law Division complaint filed in the New Jersey Law Division case
• Proposed form of order
• A filing fee if required by the New Jersey Law Division – contact the New Jersey Law Division to confirm if a fee is necessary and if so, how much.
• 1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey Law Division to use if it grants the proposed order)

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey Law Division with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.
• A letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the New Jersey Law Division and asking the New Jersey Law Division to return a filed copy of your papers to you for your records.
• Additional New Jersey Law Division certifications or New Jersey Law Division affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey Law Division certifications or New Jersey Law Division affidavits you submit that support your factual claims about why the New Jersey Law Division should grant the New Jersey Law Division Motion To Vacate Default Judgment.

What Is A New Jersey Law Division Notice Of Motion To Vacate Default Judgment?

 A New Jersey Law Division notice of Motion To Vacate Default Judgment is a document containing certain language which tells all other parties and the New Jersey Law Division certain information about the moving party’s motion.  The New Jersey Law Division notice of Motion To Vacate Default Judgment instructs the New Jersey Law Division hearing the New Jersey Law Division Motion To Vacate Default Judgment and all parties involved in the New Jersey Law Division case who filed papers with the New Jersey Law Division of crucial information regarding the New Jersey Law Division Motion To Vacate Default Judgment.

What Information Goes Into Superior Court Of New Jersey, Law Division Notice Of Motion To Vacate Default Judgment?

The notice of Motion To Vacate Default Judgment should include the following information:

• the date that the motion shall be heard by the court
• the place it shall be heard
• the grounds on which it is made
• the type of relief sought (summary judgment)
• the discovery end date or if none was assigned, a statement that no such date  was assigned
• if the court scheduled a trial or arbitration date, the scheduled date
• if the moving party seeks oral argument on the motion

What Is A New Jersey Law Division Proof Of Service?

In all New Jersey Law Division actions, unless otherwise provided by rule or court order, Motion To Vacate Default Judgments (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to Motion To Vacate Default Judgments must be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear (that is, parties who were named to a case but failed to ever file any papers whatsoever with the New Jersey Law Division).   Proof of service of a New Jersey Law Division Motion To Vacate Default Judgment may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an New Jersey Law Division affidavit of the person making service, or (3) by a New Jersey Law Division certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the New Jersey Law Division affidavit or New Jersey Law Division certification shall state that the mailing was to the last known address of the person served. A proof of service made by New Jersey Law Division affidavit or New Jersey Law Division certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the New Jersey Law Division promptly and in any event before action is to be taken on the matter by the New Jersey Law Division. Where service has been made by registered or certified mail, filing of the return receipt card with the New Jersey Law Division shall not be required. Failure to make proof of service does not affect the validity of the service, and the New Jersey Law Division at any time may allow the proof to be amended or supplied unless an injustice would result.

In New Jersey Law Division Motion To Vacate Default Judgments, the proof of service most often takes the form of an New Jersey Law Division affidavit or New Jersey Law Division certification that states that the party submitting papers to the New Jersey Law Division for filing served those papers on all parties involved in the New Jersey Law Division case that ever filed papers with the New Jersey Law Division (parties that entered their “appearance” such as by filing a complaint or answer or motion in the New Jersey Law Division case).  The proof of service should include the names and addresses of all those parties – their attorneys names and addresses only, if they are represented and for the self represented parties, their names and addresses. 

How Do I Serve A New Jersey Law Division Motion To Vacate Default Judgment On Other Parties In The New Jersey Law Division?

Service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party.  If service is by ordinary mail, receipt will be presumed on the third business day after mailing.  Service upon an attorney of Motion To Vacate Default Judgment or opposition papers is made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney or by leaving it at the office with a person in the attorney's employ or if the office is closed or the attorney has no office, in the same manner as service is made upon a party pursuant to the New Jersey Court Rules.  If the party to be served is not represented by an attorney, service of Motion To Vacate Default Judgment or opposition papers upon that party is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Law Division.  Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by New Jersey Court Rule 1:5-3.  If, however, proof of diligent inquiry as to a party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by New Jersey Court Rule 1:5-3 asserts that the party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry. 

What Are New Jersey Law Division Affidavits And New Jersey Law Division Certifications?

New Jersey Law Division affidavits are written statements:

• made in the first person.
• divided into numbered paragraphs.
• that have a caption which includes a designation of the particular proceeding the New Jersey Law Division affidavit supports or opposes and the original date, if any, fixed for the hearing for which the New Jersey Law Division affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Law Division affidavits.

The person making the New Jersey Law Division affidavit is called “the affiant”.

New Jersey Law Division certifications are written statements made instead of New Jersey Law Division affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Law Division affidavits plus the following language before the signature of the individuals making the New Jersey Law Division certification: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment."

If a New Jersey Law Division Motion To Vacate Default Judgment is based on facts not appearing in the New Jersey Law Division’s records or not judicially noticeable, the New Jersey Law Division may hear the New Jersey Law Division Motion To Vacate Default Judgment if it is supported by New Jersey Law Division affidavits or New Jersey Law Division certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify.  If the New Jersey Law Division affidavit or New Jersey Law Division certification refers to documents, true and correct copies of the documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey Law Division affidavit or New Jersey Law Division certification.  Once a party submits New Jersey Law Division affidavits or New Jersey Law Division certifications, the New Jersey Law Division may direct the affiant to submit to cross-examination or may hear the New Jersey Law Division Motion To Vacate Default Judgment wholly or partly on oral testimony or depositions.  Since the rules require that New Jersey Law Division affidavits and New Jersey Law Division certifications be made from personal knowledge, New Jersey Law Division affidavits and New Jersey Law Division certifications submitted in support of Motion To Vacate Default Judgments should not include facts based merely on "information and belief" or legal arguments.

When a New Jersey Law Division Motion To Vacate Default Judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by proper New Jersey Law Division affidavits or New Jersey Law Division certifications. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the New Jersey Law Division affidavits or New Jersey Law Division certifications submitted to the New Jersey Law Division and for reasons stated in those New Jersey Law Division affidavits or New Jersey Law Division certifications, that the party was unable to present by New Jersey Law Division affidavit or New Jersey Law Division certification facts essential to justify opposition, in which case the New Jersey Law Division may deny the New Jersey Law Division Motion To Vacate Default Judgment, may order a continuance to permit additional New Jersey Law Division affidavits or New Jersey Law Division certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

Parties submitting New Jersey Law Division certifications or New Jersey Law Division affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey Law Division certifications or New Jersey Law Division affidavits in bad faith. If the New Jersey Law Division is satisfied, at any time, that any of the New Jersey Law Division affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey Law Division shall immediately order the party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the New Jersey Law Division affidavits, including reasonable attorney's fees and the New Jersey Law Division may also hold any offending party or attorney as having committed a contempt of court.

What If I Cannot Get The Original Signature Of A Person Making A New Jersey Law Division Certification Or New Jersey Law Division Affidavit?

If the affiant is not available to sign an New Jersey Law Division affidavit or New Jersey Law Division certification, it may be filed with a facsimile of the original signature provided the attorney or self represented party offering the document certifies that the affiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the New Jersey Law Division or a party.

What Is A Proposed Form Of Order?

Motions for summary judgment must include a proposed form of order for the judge’s signature and that orders that the New Jersey Law Division Motion To Vacate Default Judgment be granted.  The New Jersey Law Division Judgment or order shall not contain a recital of the pleadings in the New Jersey Law Division case or the record of prior proceedings.  It must include the following:

• the caption of the New Jersey Law Division case
• signature line for the judge hearing the New Jersey Law Division Motion To Vacate Default Judgment
• Spaces for the New Jersey Law Division to indicate whether the New Jersey Law Division Motion To Vacate Default Judgment was opposed or unopposed.
• If the New Jersey Law Division Motion To Vacate Default Judgment or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by New Jersey Law Division affidavit or New Jersey Law Division certification made in compliance with the New Jersey Court Rules
• a designation of the subject of the New Jersey Law Division Judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• the appearances of counsel and parties appearing pro se
• a separate numbered paragraph for each separate substantive provision of the New Jersey Law Division Judgment or order
• the effective date of the New Jersey Law Division Judgment or order or of each provision if the effective date of any provision is different from the date of entry
• If the New Jersey Law Division has made findings of fact and conclusions of law explaining its disposition of the New Jersey Law Division Motion To Vacate Default Judgment, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered.  However, if the New Jersey Law Division Motion To Vacate Default Judgment was argued and the New Jersey Law Division intends to place its findings on the record at a later date, it shall give all parties one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the New Jersey Law Division shall append to the order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the New Jersey Law Division memorializing the disposition made on a telephone motion.

What Happens After I File A New Jersey Law Division Motion To Vacate Default Judgment?

• If your New Jersey Law Division Motion To Vacate Default Judgment papers were marked oral argument waived, unless the New Jersey Law Division otherwise orders the New Jersey Law Division Motion To Vacate Default Judgment might not require you to appear for a hearing. 
• If your papers are marked to specifically request oral argument, the New Jersey Law Division might permit you to orally argue the New Jersey Law Division Motion To Vacate Default Judgment.
• If your papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Law Division certification in support of the New Jersey Law Division Motion To Vacate Default Judgment.  Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Law Division’s decision alone on whether to grant such argument.
• Regardless of how your papers are marked, before ever showing up for a hearing call the New Jersey Law Division and find out the name of the judge hearing the New Jersey Law Division Motion To Vacate Default Judgment and the phone number of the judge’s chambers.  Call the judge’s chambers to find out if the New Jersey Law Division is going to hold oral argument on the New Jersey Law Division Motion To Vacate Default Judgment.  Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Law Division!!!!
• You should also receive a filed copy of the New Jersey Law Division Motion To Vacate Default Judgment papers back from the New Jersey Law Division.  If you mailed the documents to the New Jersey Law Division for filing do not receive a filed copy of the New Jersey Law Division Motion To Vacate Default Judgment and such a card within 7 days of filing the New Jersey Law Division Motion To Vacate Default Judgment, call the New Jersey Law Division to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys).  When you call, refer to your case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Law Division Motion To Vacate Default Judgment to the New Jersey Law Division be sure to get a time stamped copy of the New Jersey Law Division Motion To Vacate Default Judgment back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
• You may state in your opposition papers that you want your New Jersey Law Division Motion To Vacate Default Judgment to be decided without you having to appear but the New Jersey Law Division can demand your appearance even if you give up your right to appear. 
• If the New Jersey Law Division requires you to appear for argument on the New Jersey Law Division Motion To Vacate Default Judgment (the New Jersey Law Division may do so regardless of whether you requested argument), the New Jersey Law Division should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey Law Division Motion To Vacate Default Judgment hearing, you should call the New Jersey Law Division the day before the hearing and if necessary, call the judge’s chambers and ask to speak with the judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Law Division requires your appearance at the New Jersey Law Division Motion To Vacate Default Judgment hearing, to avoid having the New Jersey Law Division Motion To Vacate Default Judgment denied, go to court on the date the New Jersey Law Division Motion To Vacate Default Judgment to argue the New Jersey Law Division Motion To Vacate Default Judgment.  Failure to appear at Court if the New Jersey Law Division Motion To Vacate Default Judgment is scheduled for argument may result in the denial of your New Jersey Law Division Motion To Vacate Default Judgment.   If and when you go to court, be sure to bring a complete file of all documents about your case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.).  For, if the New Jersey Law Division hears your New Jersey Law Division Motion To Vacate Default Judgment, the judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Law Division Motion To Vacate Default Judgment is scheduled to be decided, the New Jersey Law Division forwards you a copy of the order granting or denying the New Jersey Law Division Motion To Vacate Default Judgment. 
• If the New Jersey Law Division Motion To Vacate Default Judgment is granted, you should be forwarded a copy of the granted order by the New Jersey Law Division.  If this happens, make 1 copy of the order, prepare a letter serving the order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the order (keep the original order for your records). 
• Note that the New Jersey Law Division may use telephone conferences to hear motions and with advance approval by the New Jersey Law Division, sometimes the New Jersey Law Division allows parties to appear by telephone instead of appearing at court in person.  If you intend to try to appear by phone, you must get the New Jersey Law Division’s consent in advance of the hearing!  Consult the New Jersey Court Rules for further details.

Are Responses Filed To The New Jersey Law Division Motion To Vacate Default Judgment?

If they act in time, the parties opposing a New Jersey Law Division Motion To Vacate Default Judgment may file a response to the New Jersey Law Division Motion To Vacate Default Judgment.  Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week.  For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.

Are Replies Filed To The New Jersey Law Division Motion To Vacate Default Judgment?

If they act in time, the parties filing a New Jersey Law Division Motion To Vacate Default Judgment may file a reply to a response to the New Jersey Law Division Motion To Vacate Default Judgment.  Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court.  For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.

What Happens If I Make A New Jersey Law Division Motion To Vacate Default Judgment And Decide Before Its Hearing Date That I Want To Abandon The New Jersey Law Division Motion To Vacate Default Judgment Or Before Its Hearing Date The Parties Settle The New Jersey Law Division Case? 

Moving parties are permitted to withdraw a New Jersey Law Division Motion To Vacate Default Judgment from the New Jersey Law Division before the New Jersey Law Division Motion To Vacate Default Judgment is heard.  If the moving party decides to withdraw its New Jersey Law Division Motion To Vacate Default Judgment or they settle their case, the moving party must immediately inform the New Jersey Law Division.  This is best done by calling the judge’s chambers for the judge hearing the New Jersey Law Division Motion To Vacate Default Judgment and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the New Jersey Law Division to fax it to the New Jersey Law Division and to also forward it by certified mail, RRR, keeping a copy for your records).

What Happens If The New Jersey Law Division Grants My New Jersey Law Division Motion To Vacate Default Judgment?

Unless the New Jersey Law Division otherwise orders, within 7 days after the date it was signed, the party obtaining an order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey Court Rules.   In most cases, you shall thereafter have to file the proposed New Jersey Law Division answer to the New Jersey Law Division complaint filed in the New Jersey Law Division case.

What Happens If I Lose My New Jersey Law Division Motion To Vacate Default Judgment?

If you lose my New Jersey Law Division Motion To Vacate Default Judgment, unless otherwise ordered by the New Jersey Law Division, the New Jersey Law Division judgment shall remain on the New Jersey Law Division’s records for 20 years from the date of its entry and it can be renewed for another 20 years if the proper steps are taken before the New Jersey Law Division judgment expires.  If you disagree with the New Jersey Law Division’s decision, you may file papers for the New Jersey Law Division to reconsider its decision – called a motion for reconsideration.  In some cases, the motion for reconsideration must be made in 20 days from the date of the New Jersey Law Division’s order deciding the summary judgment motion.  You may appeal The New Jersey Law Division Case to a higher court -- the New Jersey Appellate Division.  There are very strict deadlines for filing appeals.   To appeal a final judgment that resolves all issues in The New Jersey Law Division Case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of final judgment or final order and pay a fee to the New Jersey Appellate Division – New Jersey Law Division Law Division and Law Division appeals are not heard by the Civil Part or the Law Division and you should not try to file appellate papers with those courts!   As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it.  Appeals are some of the most complex proceedings in the New Jersey Law Division system.  The New Jersey Law Division normally has forms available on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal.  Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

Can I Handle A New Jersey Law Division Motion To Vacate Default Judgment Myself?

Motion To Vacate Default Judgments are some of the most complex proceedings in the New Jersey Law Division system.  Some people can and do successfully handle Motion To Vacate Default Judgments themselves, from filing the first paperwork to the New Jersey Law Division’s final decision on the appeal.  If you lose my New Jersey Law Division Motion To Vacate Default Judgment it could have very serious consequences for you!  Even attorneys frequently fail to file the proper paperwork when making or opposing Motion To Vacate Default Judgments.  It is very risky to attempt to handle such complex proceedings without professional legal help provided by an attorney licensed by the State of New Jersey.  The New Jersey Law Division normally has forms available on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal.  Motion To Vacate Default Judgments require those involved in the appeal (or their attorneys, if they are represented) to file strict deadlines and rules and failure to do so could result in fines or having the appeal dismissed temporarily or forever.  The following are additional reasons to use an attorney to handle part or all of your case:

• court fees often change
• court rules often change
• court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• court forms available on websites may not cover every situation you may face in court
• each case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect motion or opposition papers that result in the papers being rejected by the New Jersey Law Division because of procedural deficiencies  
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Law Division case or of the New Jersey Court Rules. 
• a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their case out of court, fining them or limiting what they can present at trial. 
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do to make or oppose a New Jersey Law Division Motion To Vacate Default Judgment. 
• it is very common for courts to refuse to allow a party to use or refer to documents or items on a New Jersey Law Division Motion To Vacate Default Judgment unless those documents are properly authenticated.  Often parties throw together paperwork that fails to comply with the New Jersey Court Rules and that the New Jersey Law Division hearing the New Jersey Law Division Motion To Vacate Default Judgment refuses to give serious consideration because of the paperwork’s deficiencies.
• without the proper preparation, items and documents may never be considered by the New Jersey Law Division.  Also, if there are any legal issues to be dealt with on a New Jersey Law Division Motion To Vacate Default Judgment, you must be prepared to argue them, which may require you to refer to the New Jersey Court Rules, evidence rules, laws, regulations or published cases. 
• you cannot show up at court expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case.  The judge hearing your case is not permitted to give you legal advice.
• Losing a New Jersey Law Division Motion To Vacate Default Judgment could mean the end of your case or defenses to a lawsuit and could mean the entry of a money judgment against you!

It is important to remember that even if you have an attorney, you could lose your case.  Hiring an attorney to handle part or all of your case does not guarantee your success.  However, it may provide the assistance you need to win a New Jersey Law Division Motion To Vacate Default Judgment.

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Law Division Cases?

Yes.  Paul DePetris has performed the following tasks:

• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Law Division settlement agreements.
• enforced many New Jersey Law Division settlement agreements.
• provided New Jersey Law Division pro se parties with New Jersey Law Division legal advice and prepared New Jersey Law Division legal forms
• prepared and filed many New Jersey Law Division
• complaints
• tried New Jersey Law Division jury trials
• mediated many New Jersey cases
• argued New Jersey Law Division motions
• handled New Jersey Law Division proof hearings
• handled New Jersey Law Division post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Law Division Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Law Division Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Law Division Case From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Law Division cases for an hourly fee, such as by offering to handle your New Jersey Law Division case up to trial for a fixed fee or to help you handle your New Jersey Law Division case by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Law Division case to a fixed sum, while providing you the help you need to handle your New Jersey Law Division case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseyspecialcivil.com.