Legal Question in Civil Litigation in New Jersey

motion to vacate a default judgment

I filed a suit naming multiple defendants in small claims court. Not a single defendant showed up at the scheduled hearing, or at least during the initial roll calling. I was at the courthouse for well over 3 hours. Day following the default entry by the court clerk, I received a copy of a motion to vacate the default from one of the defendant's, citing a flat tire, and therefore a 15 minute delay as the cause. I am at a loss as to what to do next? What about the rest of the defendants?


Asked on 9/24/99, 9:56 pm

1 Answer from Attorneys

Re: motion to vacate a default judgment

A motion to vacate a default judgement is common and almost ALWAYS granted by the judge so a decision can be made based upon the facts presented to the judge. On the other defendants, send them an information subpoena (get it from the small claims court) to get the information you need to levy judgement upon their bank accounts. Chances are they too may file a motion to vacate.

This isn't fun, but that's the way is.

Good luck,

Kevin J. Begley

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Answered on 9/28/99, 1:45 am


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