Law Office Of Paul DePetris
paul@newjerseylemon.com

Special Civil Proof Hearing And Special Civil Judgment Facts

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Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your Special Civil case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Do not rely upon the statutes, rules, codes, files or forms on this website for any purpose! Before taking any legal action, read all applicable federal and state source law and case law and consult with an attorney for changes. Addresses, hours of operation and directions may change so be sure to check with the court in advance of mailing documents to court or going to any court!!! Some of the webpages on this site do not apply to all types of New Jersey cases, since there are different rules for different case types!

SPECIAL CIVIL PROOF HEARING AND SPECIAL CIVIL JUDGMENT FACTS

WHAT IS A SPECIAL CIVIL PROOF HEARING?
A Special Civil proof hearing is a type of Special Civil Court hearing at which a Special Civil lawsuit plaintiff must prove to the Special Civil Court how much the amount of the Special Civil judgment should be. Also, a Special Civil proof hearing may be held when a Special Civil lawsuit defendant that seeks the entry of a Special Civil judgment on a Special Civil counterclaim or Special Civil third party complaint must prove to the Special Civil Court how much the amount of the Special Civil judgment should be.

A SPECIAL CIVIL PROOF HEARING IS MOST COMMONLY HELD WHEN GETTING A SPECIAL CIVIL DEFAULT JUDGMENT FOR A SUM THAT THE NEW JERSEY COURT MUST DETERMINE
A Special Civil proof hearing is most commonly held by the Special Civil Court when the Special Civil court cannot merely rely on Special Civil paperwork to determine how much a Special Civil plaintiff or Special Civil defendant might be due in Special Civil damages when the Special Civil court is entering a Special Civil judgment. If a Special Civil lawsuit plaintiff or Special Civil lawsuit defendant seeks a Special Civil default judgment for a sum that is not certain or for a sum that cannot by computation be made certain (including certain claims for statutory punitive or common law punitive damages and certain claims for attorney’s fees and costs), the Special Civil lawsuit plaintiff or Special Civil lawsuit defendant entitled to a New Jersey judgment by default shall apply to the New Jersey Court therefor by filing a New Jersey motion to enter default judgment, also called a New Jersey motion for the entry of default judgment, which is served on all New Jersey parties to the New Jersey action, including the defaulting defendant or the representative who appeared for the defaulting defendant. No New Jersey judgment by default shall be entered against a minor or mentally incapacitated person unless that person is represented in the action by a guardian or guardian ad litem who has appeared therein. If, to enable the New Jersey court to enter a New Jersey judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any allegation by evidence or to make an investigation of any other matter, the New Jersey court, on its own New Jersey motion or at the request of a party on notice to the defaulting defendant or defendant's representative, may conduct such proof hearings with or without a jury or take such proceedings as it deems appropriate. That hearing is called a Special Civil proof hearing. If possible, to maximize your recovery on a Special Civil judgment, you should have a Special Civil attorney handle a Special Civil proof hearing for you.

HOW DOES A PERSON RECEIVE NOTICE OF A SPECIAL CIVIL PROOF HEARING?
The notice of New Jersey proof hearing shall be by ordinary mail addressed to the same address at which process was served unless the party entitled to judgment has actual knowledge of a different current address for the Special Civil defaulting defendant. New Jersey proof of service of the New Jersey notice of motion and notice of any proof hearing shall certify that the Special Civil lawsuit plaintiff or Special Civil lawsuit defendant seeking the default has no actual knowledge that the defaulting defendant's address has changed after service of original process or, if the Special Civil lawsuit plaintiff or Special Civil lawsuit defendant seeking the judgment has such knowledge, the proof shall certify the underlying facts.

WHAT IS A SPECIAL CIVIL DEFAULT?
A Special Civil default is the first step to obtaining a Special Civil judgment in a Special Civil debt collection lawsuit. A Special Civil default can be entered in a Special Civil debt collection lawsuit if a Special Civil party against whom a Special Civil complaint, Special Civil counterclaim or Special Civil third party complaint fails to take certain action in their Special Civil debt collection lawsuit. There are many types of Special Civil defaults.

SPECIAL CIVIL DEFAULTS ENTERED FOR A SPECIAL CIVIL DEFENDANT’S FAILURE TO FILE A SPECIAL CIVIL ANWER TO A SPECIAL CIVIL COMPLAINT
When a Special Civil plaintiff files a Special Civil complaint, the Special Civil defendant who is named on the Special Civil complaint only has a certain amount of time under the Special Civil rules to file a Special Civil answer to the Special Civil complaint. A Special Civil Default is entered automatically by the Special Civil clerk in a Special Civil debt collection lawsuit when a Special Civil defendant fails to file a Special Civil answer to a Special Civil complaint on time. Once a Special Civil Default is entered against a Special Civil defendant, a Special Civil defendant is unable to file a Special Civil answer to a Special Civil complaint.

SPECIAL CIVIL DEFAULTS ENTERED FOR A SPECIAL CIVIL PLAINTIFF’S FAILURE TO FILE A SPECIAL CIVIL ANSWER TO A SPECIAL CIVIL COUNTERCLAIM
A Special Civil Default may also be entered on a Special Civil counterclaim when the Special Civil party against whom the Special Civil counterclaim is filed fails to file a Special Civil answer to the Special Civil counterclaim.

SPECIAL CIVIL DEFAULTS ENTERED FOR A SPECIAL CIVIL THIRD PARTY DEFENDANT’S FAILURE TO FILE A SPECIAL CIVIL ANSWER TO A SPECIAL CIVIL THIRD PARTY COMPLAINT
A Special Civil Default may also be entered on a Special Civil third party complaint when the Special Civil third party defendant against whom the Special Civil third party complaint is filed fails to file a Special Civil answer to the Special Civil third party complaint on time.

SPECIAL CIVIL DEFAULTS ENTERED FOR A SPECIAL CIVIL PARTY’S FAILURE TO APPEAR AT A SPECIAL CIVIL TRIAL
A Special Civil Default may also be entered on a Special Civil complaint, Special Civil counterclaim or Special Civil third party complaint if a Special Civil party defending against a Special Civil complaint, Special Civil counterclaim or Special Civil third party complaint fails to appear at a Special Civil trial.

WHAT IS A SPECIAL CIVIL DEFAULT JUDGMENT?
Special Civil default judgment is the decision by a Special Civil court whereby the Special Civil court enters relief in favor of one Special Civil party and against another Special Civil party. A Special Civil default judgment is usually entered after a Special Civil default is entered for a Special Civil party’s failure to take certain actions in a Special Civil debt collection lawsuit. There are many types of Special Civil default judgments.

WHAT IS A SPECIAL CIVIL MONEY JUDGMENT?
A Special Civil Money Judgment is a Judgment entered against a Special Civil defendant on a Special Civil complaint or entered against a Special Civil plaintiff on a Special Civil counterclaim for a specific amount of money. It may be entered after the granting of a Special Civil summary Judgment motion or after the entry of a Special Civil default Judgment or after the entry of a Special Civil verdict following a Special Civil trial at which one party wins their lawsuit for monetary damages. The person who is granted or awarded the Special Civil Judgment is the Special Civil Judgment creditor and the person who owes the Special Civil Judgment is the Special Civil Judgment debtor.

SPECIAL CIVIL DEFAULT JUDGMENTS ENTERED AGAINST A SPECIAL CIVIL DEFENDANT FOR FAILURE TO FILE A SPECIAL CIVIL ANSWER A SPECIAL CIVIL COMPLAINT?
A Special Civil Default Judgment is a Special Civil Judgment entered against a Special Civil defendant on a Special Civil complaint. Once the Special Civil Court enters a Special Civil default against a Special Civil defendant, a Special Civil Default Judgment is entered by the Special Civil Court if a Special Civil plaintiff properly completes and files Special Civil Default Judgment paperwork with the Special Civil Court.

SPECIAL CIVIL DEFAULT JUDGMENTS ENTERED AGAINST A SPECIAL CIVIL PLAINTIFF FOR FAILING TO FILE A SPECIAL CIVIL ANSWER TO A SPECIAL CIVIL COUNTERCLAIM OR SPECIAL CIVIL THIRD PARTY DEFENDANT FOR FAILURE TO ANSWER A THIRD PARTY COMPLAINT?
A Special Civil Default Judgment may also be entered on a Special Civil counterclaim or Special Civil third party complaint when the Special Civil party against whom the Special Civil counterclaim or Special Civil third party complaint fails to file a Special Civil answer to the Special Civil counterclaim or Special Civil third party complaint on time. Once the Special Civil Court enters a Special Civil default against a Special Civil plaintiff on a Special Civil counterclaim or a Special Civil third party defendant on a Special Civil third party complaint, a Special Civil Default Judgment is entered by the Special Civil Court if a Special Civil counterclaimant or Special Civil third party plaintiff properly completes and files Special Civil Default Judgment paperwork with the Special Civil Court.

WHAT IS A SPECIAL CIVIL DEFAULT JUDGMENT ENTERED FOR FAILURE TO ANSWER SPECIAL CIVIL INTERROGATORIES OR FOR FAILURE TO ANSWER A SPECIAL CIVIL REQUEST FOR DOCUMENTS?
A Special Civil Default Judgment may also be entered on a Special Civil complaint, Special Civil counterclaim or Special Civil third party complaint when a Special Civil party fails to answer Special Civil interrogatories or a Special Civil request for documents on time and the Special Civil party serving the Special Civil interrogatories or a Special Civil request for documents files a Special Civil motion to strike the Special Civil answer with prejudice (fully and finally instead of merely temporarily) or a Special Civil motion to suppress the Special Civil answer with prejudice (fully and finally instead of merely temporarily) or a Special Civil motion to strike the Special Civil complaint with prejudice (fully and finally instead of merely temporarily). When parties ignore Special Civil interrogatories and Special Civil requests for documents, bad things can and should happen to the Special Civil parties failing to answer the Special Civil interrogatories and Special Civil requests for documents as a punishment for the failures.

HOW DO I GET A SPECIAL CIVIL DEFAULT?
If you are a Special Civil plaintiff, after you file a Special Civil complaint, you wait 35 days for a Special Civil answer to be filed. Once the Special Civil court serves the Special Civil complaint, the Special Civil court sends the Special Civil plaintiff a postcard stating the Special Civil default date in the Special Civil debt collection lawsuit. Once the Special Civil default date passes, if the Special Civil defendant fails to file a Special Civil answer and pay the proper fee for filing the Special Civil answer in time, the Special Civil clerk will automatically enter a Special Civil default on the Special Civil court’s records. Similar things should happen when parties file Special Civil counterclaims and Special Civil third party complaints.

HOW DO I GET A SPECIAL CIVIL DEFAULT JUDGMENT?
Once the Special Civil court enters a Special Civil default or if a Special Civil complaint, Special Civil answer or Special Civil third party complaint is stricken or suppressed with prejudice for a Special Civil party’s failure to answer Special Civil interrogatories or failure to answer a Special Civil request for documents, a Special Civil party that secures a Special Civil default against another Special Civil party may file Special Civil paperwork with the Special Civil court asking the Special Civil court to enter a Special Civil default judgment. There are two types of Special Civil default judgment requests – one for a sum certain or that by computation can be made certain and one for a sum that the Special Civil court must determine. Regardless of the type of Special Civil default judgment requested under the New Jersey court rules, New Jersey law and federal law (the Servicemembers’ Civil Relief Act (SCRA) 50 U.S.C. § 521, its New Jersey counterpart, N.J.S.A. 38:23C-4, and R. 1:5-7), the Special Civil party seeking a Special Civil default judgment must file a Special Civil affidavit of nonmilitary service or Special Civil certification of nonmilitary service with any Special Civil default judgment request

GETTING A SPECIAL CIVIL DEFAULT JUDGMENT FOR A SUM CERTAIN OR THAT BY COMPUTATION CAN BE MADE CERTAIN
If the Special Civil plaintiff’s claim against a Special Civil defendant is for a sum certain or for a sum that can by computation be made certain, the Special Civil clerk on request of the Special Civil plaintiff and on affidavit setting forth a particular statement of the items of the Special Civil claim, the amounts and dates, the calculated amount of interest, the payments or credits, if any, the net amount due, and the name of the original creditor if the Special Civil claim was acquired by assignment, shall enter a Special Civil Judgment for the net amount and costs against the Special Civil defendant, if a Special Civil default has been entered against the Special Civil defendant for failure to appear and the Special Civil defendant is not a minor or mentally incapacitated person. If prejudgment interest is demanded in the Special Civil complaint the Special Civil clerk shall add that interest to the amount due provided the Special Civil affidavit of proof states the date of the Special Civil defendant’s breach and the amount of such interest. If the Special Civil judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith; otherwise it shall be calculated in accordance with R. 4:42-11(a). If a statute provides for a maximum fixed amount as an attorney fee, contractual or otherwise, and if the amount of the fee sought is specified in the Special Civil complaint, the Special Civil clerk shall add it to the amount due, provided that in lieu of the Special Civil affidavit of services prescribed by R. 4:42-9(b) the attorney files a certification that sets forth the amount of the fee sought, how the amount was calculated, and specifies the statutory provision and, where applicable, the contractual provision that provides for the fixed amount. If the Special Civil claim is founded on a note, contract, check, or bill of exchange or is evidenced by entries in the Special Civil plaintiff’s book of account, or other records, a copy thereof shall be attached to the Special Civil affidavit. The Special Civil clerk may require for inspection the originals of such documents. The Special Civil affidavit shall contain or be supported by a separate affidavit containing a statement, by or on behalf of the applicant for a Special Civil default judgment, that sets forth the source of the address used for service of the summons and complaint. The Special Civil affidavit prescribed by this Rule shall be sworn to not more than 30 days prior to its presentation to the Special Civil clerk and, if not made by plaintiff, shall show that the affiant is authorized to make it. In any Special Civil action to collect an assigned claim, the Special Civil plaintiff/creditor shall submit a separate affidavit certifying with specificity the name of the original creditor, the last four digits of the original account number of the debt, the last four digits of the Special Civil defendant-debtor’s Social Security Number (if known), the current owner of the debt, and the full chain of the assignment of the Special Civil claim, if the Special Civil action is not filed by the original creditor. If plaintiff’s records are maintained electronically and the Special Civil claim is founded on an open-end credit plan, as defined in 15 U.S.C. §1602(i) and 12 C.F.R. §226.2(a)(20), a copy of the periodic statement for the last billing cycle, as prescribed by 15 U.S.C. §1637(b) and 12 C.F.R. §226.7, or a computer-generated report setting forth the previous balance, identification of transactions and credits, if any, periodic rates, balance on which the finance charge is computed, the amount of the finance charge, the annual percentage rate, other charges, if any, the closing date of the billing cycle, and the new balance, if attached to the Special Civil affidavit, shall be sufficient to support the entry of a Special Civil judgment. Regardless of the type of Special Civil default judgment requested under the New Jersey court rules, New Jersey law and federal law (the Servicemembers’ Civil Relief Act (SCRA) 50 U.S.C. § 521, its New Jersey counterpart, N.J.S.A. 38:23C-4, and R. 1:5-7), the Special Civil party seeking a Special Civil default judgment must file a Special Civil affidavit of nonmilitary service or Special Civil certification of nonmilitary service with any Special Civil default judgment request. If a party entitled to a judgment by default fails to apply therefor within 6 months after entry of a Special Civil default, judgment shall not be entered except on a Special Civil motion to the Special Civil Court and after all applicable proofs required under 6:6-3(a) through (c) are attached to the moving papers. Information about how to make Special Civil motions appears elsewhere on this website.

GETTING A SPECIAL CIVIL DEFAULT JUDGMENT FOR A SUM THAT THE SPECIAL CIVIL COURT MUST DETERMINE
If a Special Civil party seeks a Special Civil default judgment for a sum that is no certain or for a sum that can not by computation be made certain (including certain claims for statutory punitive or common law punitive damages and certain claims for attorney’s fees and costs), the party entitled to a judgment by default shall apply to the Special Civil Court therefor. No judgment by default shall be entered against a minor or mentally incapacitated person without 5 days' written notice to the guardian or a guardian ad litem appointed for the minor or mentally incapacitated person; nor against any other party without written notice to that party, if the Special Civil Court, in the interest of justice, orders such notice. When a landlord acquired title from the Special Civil defendant or has given the tenant an option to purchase the property, a judgment for possession by default shall not be entered without proof in open court. If application is made for the entry of a Special Civil judgment by default in deficiency suits or claims based directly or indirectly on the sale of a chattel that has been repossessed peaceably or by legal process, the Special Civil plaintiff shall prove entitlement to a judgment by affidavit containing a description of the property, the amount realized at the sale or credited to the Special Civil defendant, the costs of sale and such other proof as required by law. If the Special Civil plaintiff's claim is for an unliquidated sum that the Special Civil Court finds is susceptible of proof through personal knowledge (as opposed to opinion or expert testimony), it shall enter a Special Civil Judgment by default against a Special Civil defendant either upon oral testimony in open court or upon affidavit containing the qualifications of the affiant and the information that would be required in the lawsuit of oral proof. In all negligence actions involving damage to property, proof of negligence of the Special Civil defendant shall be by affidavit of the person with knowledge of the negligence of the Special Civil defendant. In automobile negligence actions and insurance subrogation lawsuits proof of the property damage shall be given by an affidavit of an automobile mechanic or an insurance adjuster or appraiser setting forth the affiant's occupation and business address; if employed, the name of the employer and the affiant's position; the date of inspection of the property involved and, if a vehicle, specifying its make or model, its condition at that time, and its mileage if available; the repairs actually made and the estimated cost thereof; a statement that the repairs were necessary and the charges therefor reasonable; and the amount actually paid for repairs, if completed. The Special Civil plaintiff may request or the Special Civil Court, after review of the Special Civil affidavits submitted in accordance with this rule, may require oral testimony in open court. If a party entitled to a judgment by default fails to apply therefor within 6 months after entry of a Special Civil default, judgment shall not be entered except on a Special Civil motion to the Special Civil Court and after all applicable proofs required under 6:6-3(a) through (c) are attached to the moving papers. Regardless of the type of Special Civil default judgment requested under the New Jersey court rules, New Jersey law and federal law (the Servicemembers’ Civil Relief Act (SCRA) 50 U.S.C. § 521, its New Jersey counterpart, N.J.S.A. 38:23C-4, and R. 1:5-7), the Special Civil party seeking a Special Civil default judgment must file a Special Civil affidavit of nonmilitary service or Special Civil certification of nonmilitary service with any Special Civil default judgment request.

HOW DO PREPARE A SPECIAL CIVIL AFFIDAVIT OF NONMILITARY SERVICE OR SPECIAL CIVIL CERTIFICATIONOF NONMILITARY SERVICE OR GET A SPECIAL CIVIL AFFIDAVIT OF NONMILITARY SERVICE OR SPECIAL CIVIL CERTIFICATIONOF NONMILITARY SERVICE?
Getting a Special Civil affidavit of nonmilitary service may be tricky unless you know where to get the information. This step is one of the most difficult parts of obtaining a Special Civil default judgment since it requires you to have confidential information about a Special Civil defendant. If the Special Civil defendant is a business and not an individual, you should state that information on your Special Civil affidavit or Special Civil certification and that should be sufficient to prove the information required, since businesses cannot serve in the United States military. If you do not have the social security number of the Special Civil defendant and they are an individual and not a business, it may be easiest to order a Special Civil affidavit of nonmilitary service from a reputable private company online that provides Special Civil affidavits of nonmilitary service. The Department of Defense Manpower Data Center maintains a public website that allows individuals to search for information regarding military status on Special Civil defendants. Users must know the social security number and the last name of the Special Civil defendant whose military status is to be verified. Without all of that information, that website may be useless to the requesting Special Civil party. If you do have that information about the Special Civil defendant, once the information is entered, a report is generated. If the website doesn’t work for you, an alternative is to secure certificates from the individual branches of the armed services. Requests for certificates should contain the Special Civil defendant’s full name, social security number, and date of birth. Again, many Special Civil plaintiffs don’t have all of that information about a Special Civil defendant. If the social security number is not known, the Special Civil plaintiff must state that fact. The Special Civil plaintiff must also submit a statement of why the information is needed and a self-addressed, stamped envelope and may have to include postal money order or a certified, cashier’s or personal check made payable to the “Department of Treasury” in the amount of the fee required for each request. Check with the branches of the military for the latest fees and addresses! Here are some addresses for the military branches that may or may not be useful (depending on whether they changed):
U.S. NAVY
Navy Personnel Command
PERS-312F
5720 Integrity Drive
Millington, TN 38055-3120
Make check payable to: U.S. Treasurer
U.S. AIR FORCE
Air Force Worldwide Locator
HQ AFPC/DPDXIDL
550 C Street, West, Suite 50
Randolph AFB, TX 78150-4752
Make check payable to: DAQ-DE
U.S. MARINE CORPS (MMSBO)
Headquarters U.S Marine Corps
Code MMSB-10
2008 Elliott Road Suite 203
Quantico, VA 22134-5030
12-4
Please mark “OFFICIAL BUSINESS” on bottom of
envelope. Make check payable to: U.S. Treasurer
12-5
U.S. ARMY
Commander
U.S. Army Enlisted Records and Evaluation Center
Attn: Locator
8899 East 56th Street
Indianapolis, IN 46249-5031
Make checks payable to: Finance Officer
U.S. COAST GUARD
Coast Guard Personnel Command
2100 Second Street, S.W.
Washington, DC 20593-0001
Make checks payable to: U.S. Coast Guard

WHAT HAPPENS IF I DO NOT GET A SPECIAL CIVIL AFFIDAVIT OF NONMILITARY SERVICE OF SPECIAL CIVIL CERTIFICATION OF NONMILITARY SERVICE?
If you are unable to prepare or get a Special Civil affidavit of nonmilitary service or Special Civil certification of nonmilitary service, the Special Civil court may require you to post a bond before the Special Civil Court issues you a Special Civil default judgment.

WHAT ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS?
New Jersey Special Civil Part 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 Special Civil Part affidavit supports or opposes and the original date, if any, fixed for the Special Civil motion hearing for which the New Jersey Special Civil Part affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Special Civil Part affidavits.

The person making the New Jersey Special Civil Part affidavit is called “the affiant”.

New Jersey Special Civil Part certifications are written statements made instead of New Jersey Special Civil Part affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Special Civil Part affidavits plus the following language before the signature of the individuals making the New Jersey Special Civil Part 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."

WHAT DO I DO AFTER I ASK FOR A SPECIAL CIVIL DEFAULT JUDGMENT AND WHAT DO I DO AFTER I GET A SPECIAL CIVIL DEFAULT JUDGMENT?
At the time a Special Civil default judgment is entered, the Special Civil clerk shall notify the Special Civil judgment-creditor or judgment-creditor's attorney of the effective date and amount of the Special Civil judgment. Upon receipt of the notice, the Special Civil judgment-creditor shall notify the Special Civil judgment-debtor within 7 days by ordinary mail of the effective date and amount of the Special Civil judgment.

I WAS AWARDED A NEW JERSEY SPECIAL CIVIL PART JUDGMENT BY THE NEW JERSEY SPECIAL CIVIL PART – WHAT DO I DO NEXT?
If you received a New Jersey Special Civil Part Judgment following a New Jersey Special Civil Part proceeding (such as a Special Civil trial, mediation, or motion hearing) for an amount of money, that Special Civil Judgment is called a “Special Civil Judgment.” If, after you receive a Special Civil Part Special Civil Judgment, it remains unpaid in whole or part, then you are entitled to seek to collect the Special Civil Judgment as a “Judgment Creditor” – a person owed a New Jersey Special Civil Part Judgment. The person who owes the Special Civil Judgment is called a “Judgment Debtor.” Special Civil Judgments entered in the New Jersey Special Civil Part do not collect themselves – to get a Special Civil Part Judgment collected, you or your attorney must file various papers with the New Jersey Special Civil Part Court and take various other steps. Once you receive a New Jersey Special Civil Part Judgment in the New Jersey Special Civil Part, there is no guarantee that you shall collect the Special Civil Judgment. However, there are steps you or your attorney may take to make it more likely that you shall collect your Special Civil Judgment. When a New Jersey Special Civil Part Judgment is “executed”, that means that the Special Civil Judgment is carried into effect by giving the Special Civil Judgment Creditor part or all of the Special Civil Judgment. For example, in the New Jersey Special Civil Part a New Jersey Special Civil Part Judgment Creditor may be able to execute on a New Jersey Special Civil Part Judgment by having a Special Civil Court Officer seize and sell a New Jersey Special Civil Part Judgment Debtor’s property and applying the sums recovered to satisfy part or all of the Special Civil Judgment. Other articles on this website provide detailed information on collecting Special Civil judgments.

WHAT IF I RECEIVE PAPERS THAT REFER TO THE SPECIAL CIVIL JUDGMENT DEBTOR FILING FOR BANKRUPTCY?
If you receive documents indicating that Special Civil Judgment Debtor filed for bankruptcy, you should immediately contact an attorney experienced in handling bankruptcy lawsuits from the view of a New Jersey Special Civil Part Judgment Creditor to find out what additional steps you might take to collect your Special Civil Judgment or to prevent it from being eliminated or reduced in the bankruptcy. It is not uncommon for parties who ignore bankruptcy filings to be punished by a bankruptcy Court.

NEED HELP WITH YOUR SPECIAL CIVIL CASE?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your Special Civil case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your Special Civil case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court 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. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your Special Civil case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court 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
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial 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 case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your Special Civil case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your Special Civil case. The judge hearing your Special Civil case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your Special Civil case. Hiring an attorney to handle part or all of your Special Civil case does not guarantee your success. However, it may provide what is needed to win your Special Civil case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your Special Civil case up to trial for a fixed fee or to help you handle your Special Civil case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your Special Civil case to a fixed sum, while providing you the help you need to handle your Special Civil 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 send an email to Mr. DePetris.
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