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Marsiano attributes her default status to the fact that 1 she never received notice or service of process in the adversary proceeding and 2 that she failed to attend the hearing on the Plaintiff s motion for entry of default judgment because she entered an incorrect date of the hearing on her schedule. After considering the arguments of the parties none of which addressed the dispositive issue and upon the Court s sua sponte but belated review of the Amended Complaint and the request for defaul ...

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What is the rule 4 43 in New Jersey?

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.

How do I vacate a default Judgement in NY?

The movant on a motion to vacate a default must submit papers satisfying certain legal standards or else the motion will be denied. He/she will have to support the motion with an affidavit that references specifics, not vague generalities, as to a defense to the complaint.

How do I file a motion to vacate a Judgement in Illinois?

Your motion should say the following things: That you want the default judgment vacated. The date the default was entered. Why you missed the court date (car problems, mistakes about date, time, or location, etc.). Any arguments or defenses you plan to make if the default judgment is thrown out.

What are the grounds to vacate default in NJ?

To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.

What is the default Judgement rule in New Jersey?

If the defendant does not answer the complaint or fails to appear at a required court hearing, the defendant is in default. Before the person who filed the complaint can attempt to collect any amount of money after defendants default, the court must also have a record that proves what amount the defendant must pay.

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What are the reasons to vacate a Judgement in NJ?

On motion, with briefs, and upon such terms as are just, the court may relieve a party or the partys legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order

Can a court set aside its own judgment?

The law is settled that any court of record including the Supreme Court has the inherent jurisdiction to set aside its own judgment given in any proceeding in which there has been a fundamental defect, such as one which goes to the issue of jurisdiction and competence of the Court.

How do I file a motion to vacate 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.

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