Free How To Request a Default Judgment in the Special Civil Part - New Jersey

CIVIL ­ SCP DEFAULT INSTRUCTIONS MAY 2007

HOW TO REQUEST A DEFAULT JUDGMENT IN THE SUPERIOR COURT OF NEW JERSEY ­ SPECIAL CIVIL PART (SMALL CLAIMS AND REGULAR SPECIAL CIVIL PART CASES) If you sue someone by filing a complaint against him or her, that person (the defendant) is required either to answer your complaint in writing or appear in person in court. 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 defendant's default, the court must also have a record that proves what amount the defendant must pay. This process is called "entering a default judgment." Attached are instructions with a document called a Certification of Proof that is used to enter a default judgment against someone. This Certification shows how much the person owes you and asks the court to enter the default judgment in that amount. You will be asked to provide documentation that supports the amount you claim is owed. You must complete and submit the Certification form before you can collect any money owed. WHO SHOULD USE THIS PACKET? You can use this form if: · The request for a default judgment is submitted to the court within six months from the date that default was entered against the defendant. If you are unsure of this date contact the staff of the Special Civil Part. You cannot use this form if: · More than six months have gone by from the date of the entry of default. · · · · Default was entered because the defendant's answer was dismissed. The defendant's answer was stricken for failure to answer interrogatories (a set of legal questions served upon the defendant and required to be answered). This is a repossession case. You are unable to prove that the defendant is not on active duty in the military.

If you cannot use this form, you are required to file a motion. A motion requires a decision by a judge. Forms and instructions to file a motion are available from the Special Civil Part Clerk's Office or from the internet at www.njcourtsonline.com.

Revised 05/11/2007, CN 10914-English

page 1 of 7

CIVIL ­ SCP DEFAULT INSTRUCTIONS

After a default judgment has been entered in the court record, the Special Civil Part Clerk's Office will mail you a postcard that shows the date and amount of the judgment entered by the court against the defendant. Once you have completed the default judgment process, you are considered to be a "judgment creditor," that is, someone who is owed money. Within seven days of receiving the postcard from the court, you must notify the person who owes you the money (known at that point as the "judgment debtor") by ordinary mail of the date and amount of the judgment. You should contact the judgment debtor to discuss payment. If you do not receive the money that is owed you, court staff can tell you about several ways you can to try to collect it. Forms and brochures explaining the collection process are available at the Special Civil Part Clerk's Office. NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content of your court papers.

Revised 05/11/2007, CN 10914-English

page 2 of 7

CIVIL ­ SCP DEFAULT INSTRUCTIONS

THINGS TO THINK ABOUT BEFORE YOU TRY TO REPRESENT YOURSELF IN COURT TRY TO GET A LAWYER
The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found in your local yellow pages under "Legal Aid" or "Legal Services." If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. That number can also be found in your local yellow pages. Most county bar associations have a lawyer referral service. The county bar lawyer referral service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. - We can tell you what the requirements are to have your case considered by the court. - We can give you some information from your case file. - We can provide you with samples of court forms that are available. - We can provide you with guidance on how to fill out forms. - We can usually answer questions about court deadlines. - We cannot give you legal advice. Only your lawyer can give you legal advice. - We cannot tell you whether or not you should bring your case to court. - We cannot give you an opinion about what will happen if you bring your case to court. - We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. - We cannot talk to the judge for you about what will happen in your case. - We cannot let you talk to the judge outside of court. - We cannot change an order issued by a judge.

WHAT YOU SHOULD REPRESENT YOURSELF

EXPECT

IF

YOU

While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. - We can explain and answer questions about how the court works.

KEEP COPIES OF ALL PAPERS
Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs, and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary.

Revised 05/11/2007, CN 10914-English

page 3 of 7

CIVIL ­ SCP DEFAULT INSTRUCTIONS

INSTRUCTIONS FOR REQUESTING A DEFAULT JUDGMENT: STEP 1: Determine whether or not the defendant (judgment debtor) is a member on active military duty for the United States.
You must do this because federal law protects people from certain legal actions while they are on active military duty. This is required only if the default judgment is to be entered against an individual; if a default judgment is to be entered against a business, it is not necessary to complete Step 1. You are required on the Certification of Proof form to provide facts that explain how you know that the person is or is not in the active military service. If you do not possess this personal knowledge, you must request and obtain this information from the sources listed below. If you have access to the Internet, and you know the defendant's Social Security Number, you can obtain this information from the Department of Defense Manpower Data Center (DMDC) at: https://www.dmdc.osd.mil/scra/owa/home. Note: This website works only if you have the defendant/debtor's Social Security Number. If you do not have the defendant's Social Security Number, you must contact each of the five branches of the military. Your request should contain as much information as is known about the defendant, such as their full name, Social Security Number, date and place of birth, last known address, service number, rank or grade, or other information to properly identify the individual in question. The reason for your request must be included. This process may take several weeks. Each request must be accompanied by a fee of $5.20 payable by check or money order, as follows: Air Force Worldwide Locator HQ AFMPC/RMIQL 550 C Street, W., Suite 50 Randolph Air Force Base, TX 78150-4752 Make check payable to DAQ-DE Bureau of Naval Personnel Navy Personnel Command PERS-312F 5720 Integrity Drive Millington, TN 38055-3120 Make check payable to U.S. Treasurer Commandant of the Marine Corps (MMSB0) Headquarters U.S. Marine Corps. Code MMSB-10 2008 Elliot Road, Suite 203 Quantico, VA 22134-5030 Please mark on bottom of envelope "OFFICIAL BUSINESS. Make check payable to U.S. Treasurer. Army Worldwide Locator US Army Enlisted Records and Evaluation Center 8899 East 56th Street Fort Benjamin Harris, IN 46249-5301 Make check payable to Finance Officer U.S. Coast Guard Coast Guard Personnel Command 2100 Second Street, SW Washington, DC 20593-0001 Make check payable to U.S. Coast Guard

STEP 2: Compile all the documentation and proof you have to support the entry of default judgment. There are different types of information
that can be considered as documentation or proof of the amount the defendant owes you. Some examples are: · A written agreement to pay · A canceled check · Money Order · Receipt · Bill · Agreement to Pay · Invoice · Signed Contract · An Estimate · Letters · Leases · Photographs Your documentation should show the date(s) the debt occurred, the specific dollar amount owed, and any pre-judgment interest (interest from the date of debt up to the entry of the default judgment). Attach

Revised 05/11/2007, CN 10914-English

page 4 of 7

CIVIL ­ SCP DEFAULT INSTRUCTIONS

all copies of documentation and proof to the Certification of Proof form. Please be sure to retain a copy of all submitted documents for your record. In certain cases, your documentation and supporting proof may not have all the required information that is needed to enter a default judgment. If you do not have written proof of the debt or as much proof as is needed by the court to make a decision, a hearing may be scheduled before a judge so that you may testify in court as to the amount of the debt you believe the individual or business owes you. The court will decide whether to schedule such a hearing, known as a "proof hearing." If a proof hearing is scheduled, you will receive written notice of the date and time of the hearing.

Line 5: If defendant/judgment debtor is a business, this line is not to be filled in. Fill in only if the default judgment is to be entered against an individual. Fill in with the facts that explain how you know that the defendant is or is not in the active military service ­ or ­ attach the statement received from the Defense Manpower Data Center. If you had to contact the five branches of the military directly, attach a copy of the statement you received from each branch. Line 6: Fill in the specific dollar amount for the default judgment requested, breaking the total amount down by: a) The principal amount due: the initial amount of money that was paid, invested, borrowed, loaned, etc; plus, any interest (where applicable). If you are requesting interest, you will be required to provide documentation that provides for the rate of the interest. b) court costs: filing fees paid by the plaintiff to date. If you do not know the total of the filing fees you have paid, this information can be obtained from the Special Civil Part Clerk's Office. Line 7: No information required. This is a statement which you are certifying by your signature to be true. · Insert the date, your signature and print your full name.

STEP 3: Complete and Sign the attached form: Certification of Proof
The attached form must be completed and signed by the person with personal knowledge of the facts of the case. The form must be received by the Court within 30 days from the date that it was signed by the person seeking the default judgment. Please type or print carefully. Line 1: Fill in the name of the person who has personal knowledge of the facts of the case. Line 2: No information required. This is a statement which you are certifying by your signature to be true. Line 3: No information required. This is a statement which you are certifying by your signature to be true. Line 4: Fill in the address of the defendant/judgment debtor. You are also required to specify how you have personal knowledge that this is the defendant's address.

STEP 4: Send completed form, with all attachments, to the Special Civil Part Clerk's Office. There is no filing fee for the request for default judgment.

Revised 05/11/2007, CN 10914-English

page 5 of 7

Print Form

Clear Form

Superior Court Of New Jersey Law Division, Special Civil Part County
Your Name

Docket No.
Street Address City, State, Zip Telephone Number

Plaintiff's Name(s)

vs.
Defendant's Name(s)

CERTIFICATION OF PROOF

1.

, being duly sworn upon his/her oath deposes and says:

2. I am fully familiar with all of the facts and all of the proceedings in the above matter. 3. The defendant/debtor is not a minor and is not a mentally incapacitated person. 4. The defendant/debtor's address is
(state why and provide the source of your knowledge)

and

I am aware that the defendant's/debtor's address or business location is at this location because:

5. I am aware that the defendant(s) / debtor(s) (for individuals only) in the above matter
(state why and provide the source of your knowledge)

(check one)

is

is not

on active duty in the military service of the United States at the present time because:

6. The defendant(s)/debtor(s) owes the total amount of $ following, after giving the defendant(s) all the credits due: a) Principal amount due $ $

. This amount is based upon the

, pre-judgment interest (where applicable) in the amount of , and the document of

, the date of the defendant's breach was

obligation that provides for the rate of pre-judgment interest is attached. b) Court costs in the amount of $ .

Revised 05/11/2007, CN 10914-English

page 6 of 7

CERTIFICATION OF PROOF

7. This is not a repossession case.

I have attached/ the documentation to support the entry of this default judgment.

I certify that the foregoing statements made by me are true. If any of the foregoing statements made by me are false, I am subject to punishment.

Dated:

Signature:
Type or Print Name

Revised 05/11/2007, CN 10914-English

page 7 of 7