Law Office Of Paul DePetris
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Special Civil Debt Collection 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 New Jersey lawsuit! 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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 lawsuit 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 lawsuits, since there are different rules for different lawsuit types!

WHAT IS A SPECIAL CIVIL DEBT COLLECTION LAWSUIT?
A Special Civil debt collection lawsuit is a lawsuit where a company or person who claims they are owed money (creditor) files a Special Civil debt collection lawsuit against a company or person (debtor) that the creditor claims owes them money. The lawsuit may be filed in the Special Civil Part -- a subpart of the New Jersey court system where civil disputes involving a limited amount of money -- $15,000 or less – may be heard. A subsection of the Special Civil Part is the New Jersey Small Claims section – where New Jersey civil disputes involving $3,000 or less or in the lawsuit of security deposit claims, $5,000 or less – may be heard. If for a greater sum of money than 15,000, the New JErsey lawsuit is usually filed in the Superior Court of New Jersey, Law Division, Civil Part, where the creditor can seek as much money as they claim they are rightfully due. This article is about New Jersey Special Civil collection lawsuits only!

WHAT TYPES OF NEW JERSEY SPECIAL CIVIL DEBT COLLECTION LAWSUITS ARE USUALLY FILED IN NEW JERSEY SPECIAL CIVIL PART?
Any of the following types of Jersey debt collection lawsuits in which the New Jersey Special Plaintiff seeks $15,000 or less in damages, are filed in Special Civil:
• Contract disputes
• Bill collection disputes
• Security deposit disputes

LETTING YOUR ACCOUNTS PAYABLE STAY IN ARREARS? CONSIDER FILING A SPECIAL CIVIL DEBT COLLECTION LAWSUIT
Don’t wait forever to get your accounts payable up to date on any account! Provided the New Jersey debt is valid and you are able to prove the New Jersey debt, if the sum owed does not exceed $15,000,00, take action by filing a New Jersey collection lawsuit in the Special Civil Part.

HOW DO I FILE A NEW JERSEY SPECIAL CIVIL DEBT COLLECTION LAWSUIT?
You may file a New Jersey Special Civil Debt collection lawsuit – called a “complaint” -- by preparing a written complaint and filing it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where you intend to file the New Jersey Special Civil Part complaint – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the New Jersey Special Civil Part. You must pay a fee to file your New Jersey Special Civil Part complaint that is determined based on the number of parties you are suing, the dollar amount of the dispute and the type of trial you want. The New Jersey Special Civil Part fees often change, so it is important that you check with the New Jersey Special Civil Part court as to the appropriate fee when you are actually ready to file your papers. Only persons age 18 or older are able to file a New Jersey Special Civil Part complaint for themselves (minors must file a lawsuit through their parent or guardian). There are specific rules about where to file New Jersey Special Civil Part complaints, which depend on various considerations. New Jersey Special Civil Part jury Special Civil debt collection trials complaint forms are available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil debt collection lawsuit has its own particular legal issues and therefore, its own challenges. It is extremely important that you prepare your New Jersey Special Civil Part complaint very carefully and make sure that you include in the document a detailed list of all factual and legal reasons why you may have a right to win your Special Civil debt collection lawsuit, since failure to do so could cause you to lose your Special Civil debt collection lawsuit. It is very common for people to file inadequate or incorrect New Jersey Special Civil Part complaints that result in the New Jersey Special Civil Part complaints or answers to New Jersey Special Civil Part complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. If you are not represented by a Special Civil attorney in a Special Civil debt collection lawsuit, you are called a “pro se litigant”. Most complaints filed New Jersey Special Civil Part that go to trial are New Jersey Special Civil Part nonjury Special Civil debt collection trials, meaning that only a judge hears the Special Civil debt collection lawsuit. For an extra fee paid only when you first file your first complaint (or paid when you file your first answer, if you are responding to the New Jersey Special Civil Part complaint), you may demand a trial by 6 jurors. New Jersey Special Civil Part jury Special Civil debt collection trials are much more complex than New Jersey Special Civil Part nonjury Special Civil debt collection trials and usually require much more preparation, including extensive Special Civil paperwork. However, a New Jersey Special Civil Part jury trial demand may result in the facts of your Special Civil debt collection lawsuit being decided by a jury of ordinary people rather than by a single judge. Even where a Special Civil debt collector plaintiff or Special Civil defendant requests a New Jersey Special Civil Part jury trial, the legal issues in the New Jersey Special Civil Part trial are normally decided by the judge hearing the Special Civil debt collection lawsuit.

WHAT HAPPENS IF THE NEW JERSEY SPECIAL CIVIL DEBT COLLECTION LAWSUIT INVOLVES A CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY?
The officers of corporations, partnerships, limited liability companies and the like cannot generally appear New Jersey Special Civil Part in Special Civil debt collection lawsuits involving disputes exceeding $3,000 since the corporation, partnership or limited liability company must usually be represented by a Special Civil attorney. There may be some exceptions to this rule, such as where the Special Civil debt collection lawsuit involves a summary action for possession of premises. Also, if you sue a company and the company represents itself at the New Jersey Special Civil Part trial and you thereafter win the Special Civil debt collection lawsuit and recover a New Jersey Special Civil Part judgment, it is possible that the company shall get the New Jersey Special Civil Part judgment overturned because they were not permitted to appear in Special Civil court for themselves in the first place!

IF I AM A SPECIAL CIVIL DEBT COLLECTOR PLAINTIFF OR DEFENDANT IN NEW JERSEY SPECIAL CIVIL PART, WILL THE OTHER SIDE HAVE A SPECIAL CIVIL ATTORNEY?
If you are not represented by a Special Civil attorney in a Special Civil debt collection lawsuit, you are called a “pro se litigant”. While people can and often do represent themselves New Jersey Special Civil Part court, their opponent may be represented by a Special Civil attorney, which often places the unrepresented party at a major disadvantage. If possible, hire a Special Civil attorney to at least prepare any necessary court Special Civil paperwork and if you can afford it, to also appear and represent you in Special Civil court at any motions or Special Civil debt collection trials. The proper preparation of legal papers and preparation of a Special Civil debt collection lawsuit for trial often requires knowledge of legal issues that only attorneys have. Court rules and evidence rules are often complex and accordingly, are often difficult to follow. Special Civil debt collection trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about Special Civil debt collection lawsuits that are heard by New Jersey courts, regardless of whether the people work for a Special Civil court or work for a Special Civil attorney.

IF THE OTHER SIDE HIRES A SPECIAL CIVIL ATTORNEY IN MY SPECIAL CIVIL DEBT COLLECTION LAWSUIT, SHOULD I DEAL WITH THE ATTORNEY OR THEIR CLIENTS?
If a Special Civil debt collector plaintiff or Special Civil defendant is represented by a Special Civil attorney in a New Jersey Special Civil Part dispute, you must generally avoid having oral or written contact regarding the Special Civil debt collection lawsuit with the represented party and instead, must make all communications involving the Special Civil debt collection lawsuit through the represented party’s attorney.

WHAT HAPPENS AFTER THE NEW JERSEY SPECIAL CIVIL PART COMPLAINT IS FILED?
After the New Jersey Special Civil Part complaint is filed, court staff shall serve the New Jersey Special Civil Part complaint on the defendants, usually by mailing it by certified and regular mail. The defendant has 35 days following service of the New Jersey Special Civil Part complaint to file an answer. The summons should state the date on which the New Jersey Special Civil Part complaint was served. If defendant fails to file a written answer to the New Jersey Special Civil Part complaint, the clerk should automatically enter a Special Civil default on the New Jersey Special Civil Part’s docket. The New Jersey Special Civil Part normally mails the Special Civil debt collector plaintiff a notice stating the date on which Special Civil debt collection lawsuits are automatically defaulted (35 days after service of the answer). If a Special Civil defendant files a written answer and pays the necessary fee, the New Jersey Special Civil Part normally sends a notice of that an answer was filed. Once a New Jersey Special Civil Part complaint and answer are filed in the Special Civil debt collection lawsuit, whenever one party sends any kind of Special Civil paperwork to the New Jersey Special Civil Part court, they must generally send complete copies of the Special Civil paperwork to all other parties involved in their Special Civil debt collection lawsuit (or if they are represented, to the parties’ attorneys). If a Special Civil debt collector plaintiff or Special Civil defendant fails to follow this procedure, they may be punished by the New Jersey Special Civil Part court for the failure and any relief they ask for and receive from the New Jersey Special Civil Part court can often be reversed for the failure. The parties may engage in Special Civil discovery – a factfinding process during which each party tries to find out more about the other party’s position. Special Civil discovery often involves parties serving each other with written Special Civil requests for information called interrogatories, notices to produce (sometimes also called requests for production of documents) and requests for admissions. These requests are served by you and not the New Jersey Special Civil Part by mailing the documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other parties or by regular mail only on the other parties’ attorney, if they are represented by a Special Civil attorney. However, it is often best to send all documents to any opponent by regular main and also by certified mail, return receipt requested to make sure you have proof that the documents were received by your opponent. If either party fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the New Jersey Special Civil Part may punish the delinquent party, such as by throwing their complaint out of court or suppressing their answer. At some point after the New Jersey Special Civil Part complaint is filed and answered, the New Jersey Special Civil Part sends the parties a notice stating the New Jersey Special Civil Part trial date. Failure to carefully prepare and serve thorough written Special Civil requests for information could result in your losing your Special Civil debt collection lawsuit, since you may be in the dark about what the other party intends to do at the New Jersey Special Civil Part trial. If a Special Civil debt collection lawsuit is coming up for trial and you never received responses to your written Special Civil requests for information, you may have a right to get more time from the New Jersey Special Civil Part to get the requests answered. Special Civil discovery can be a very tricky and important part of the Special Civil debt collection lawsuit and to make sure that it is conducted right, you should seriously consider hiring a Special Civil attorney to prepare your written Special Civil requests for information to your opponents or to other parties involved in the Special Civil debt collection lawsuit or even to Special Civil witnesses and if you can afford it, to have a Special Civil attorney represent you in Special Civil court.

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 debt collector 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 DEBT COLLECTOR 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 debt collector 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 debt collector plaintiff properly completes and files Special Civil Default Judgment paperwork with the Special Civil Court.

SPECIAL CIVIL DEFAULT JUDGMENTS ENTERED AGAINST A SPECIAL CIVIL DEBT COLLECTOR 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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 debt collector 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?
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 debt collector plaintiffs don’t have all of that information about a Special Civil defendant. If the social security number is not known, the Special Civil debt collector plaintiff must state that fact. The Special Civil debt collector 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.

COLLECTING SPECIAL CIVIL PART 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 debt collector 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 Judgment creditor and the person who owes the Special Civil Judgment is the Judgment debtor.

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 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.

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.

CAN I EXECUTE MY SPECIAL CIVIL JUDGMENT AGAINST A DEBTOR’S PERSONAL PROPERTY?
By filing the proper paperwork with the New Jersey Special Civil Part, a New Jersey Special Civil Part Judgment Debtor may try to collect a Special Civil Judgment. The paperwork is called a Special Civil Execution against goods and chattels (Special Civil writ of Execution) and the paperwork asks the New Jersey Special Civil Part Court try to collect the money owed on a Special Civil Judgment from the New Jersey Special Civil Part Judgment Debtor's bank account or from the personal property (such as jewelry, furniture, antiques, etc.). The Special Civil Execution against goods and chattels (Special Civil writ of Execution) can’t be used: (1) if the New Jersey Special Civil Part Judgment Debtor only has $1,000.00 in personal property; or (2) to sell real estate to satisfy a Special Civil Judgment owed in the New Jersey Special Civil Part. To properly complete the Special Civil Execution against goods and chattels (Special Civil writ of Execution), you need to know about the New Jersey Special Civil Part Judgment Debtor's personal property that might be used to satisfy your Special Civil Judgment – you need to confirm that the New Jersey Special Civil Part Judgment Debtor is the only owner of the personal property to be sold and to confirm its location. When filling out the Special Civil Execution against goods and chattels (Special Civil writ of Execution), you describe the property to be sold and state the street address where it is located. If the property is money in a bank account, you usually need to state the address of the bank where the money is located and the account number of the New Jersey Special Civil Part Judgment Debtor’s account. After you submit the Special Civil Execution against goods and chattels to the New Jersey Special Civil Part and pay any necessary fee, if the form is properly completed, a Special Civil Court Officer shall likely try to execute the New Jersey Special Civil Part Judgment. The New Jersey Special Civil Part adds a 10 percent fee to the amount of the Special Civil Judgment to pay the New Jersey Special Civil Part Court Officer's commission and this fee appears on the Special Civil Execution against goods and chattels (Special Civil writ of Execution) and as the Special Civil Judgment is collected, is paid to the New Jersey Special Civil Part Court Officer out of the money he collects to satisfy the Special Civil Judgment. Once the New Jersey Special Civil Part issues a Special Civil Execution against goods and chattels (Special Civil writ of Execution) payments are made directly to the New Jersey Special Civil Part Court Officer or the New Jersey Special Civil Part Court rather than to the New Jersey Special Civil Part Judgment Creditor directly. The New Jersey Special Civil Part is responsible for calculating the New Jersey Special Civil Part Court Officer’s fee, deducting it from monies collected and forwarding the balance that the New Jersey Special Civil Part Judgment Creditor is due to the New Jersey Special Civil Part Judgment Creditor (to the extent that they collect any monies). If the Special Civil Execution against goods and chattels (Special Civil writ of Execution) is fully satisfied, the New Jersey Special Civil Part Court Officer is supposed to return the Special Civil Execution against goods and chattels (Special Civil writ of Execution) marked fully satisfied and the New Jersey Special Civil Part normally marks the satisfaction in the record of the lawsuit.
If the property is something other than money in a bank account, the New Jersey Special Civil Part Court Officer shall attempt the Special Civil Execution by trying to sell the New Jersey Special Civil Part Judgment Debtor’s personal property at a public sale, while permitting the New Jersey Special Civil Part Judgment Debtor to keep $1,000 worth of personal property. If the property is money in a bank account, the New Jersey Special Civil Part Court Officer shall attempt the Special Civil Execution by trying to get the bank to freeze the New Jersey Special Civil Part Judgment Debtor’s bank account (called a “bank levy”). While it is possible for a New Jersey Special Civil Part Judgment Creditor to use the Special Civil Execution against goods and chattels to have a Special Civil Court Officer seize the New Jersey Special Civil Part Judgment Debtor's automobile, the New Jersey Special Civil Part Judgment Creditor must be able to show that the automobile is registered to the New Jersey Special Civil Part Judgment Debtor. To find out whether the automobile is in fact registered in the New Jersey Special Civil Part Judgment Debtor’s name, the New Jersey Special Civil Part Judgment Creditor must request the New Jersey Motor Vehicle Commission to provide the New Jersey Special Civil Part Judgment Debtor with a certified copy of the title and a certified lien search for the automobile. Once accepted by the New Jersey Special Civil Part, the Special Civil Execution against goods and chattels (Special Civil writ of Execution) remains valid for two years from its issuance date and once it expires, it can be renewed. The New Jersey Special Civil Par cannot execute a New Jersey Special Civil Part Judgment against child support, welfare benefits, Social Security benefits or income, veterans' benefits or unemployment benefits.

IF THE NEW JERSEY SPECIAL CIVIL PART COURT OFFICER EXECUTES AGAINST A NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S BANK ACCOUNT, HOW DO I GET THE MONEY FROM THAT ACCOUNT?
If, through a Special Civil Execution against goods and chattels (Special Civil writ of Execution), a Special Civil Court Officer levies against the New Jersey Special Civil Part Judgment Debtor’s bank account, the money frozen in the bank account does not automatically get turned over to you. Instead, you must file a Special Civil motion to turn over funds with the New Jersey Special Civil Part and serve a complete copy of the Special Civil motion on both the bank where the funds are frozen and the New Jersey Special Civil Part Judgment Debtor. If the New Jersey Special Civil Part grants the Special Civil motion to turn over funds, once the New Jersey Special Civil Part Court Officer receives the Special Civil order granting the Special Civil motion, the New Jersey Special Civil Part Court Officer normally acts to comply with the Special Civil order.

WHAT IF THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR WANTS TO SETTLE WITH ME AFTER I FILE A SPECIAL CIVIL EXECUTION AGAINST GOODS AND CHATTELS (SPECIAL CIVIL WRIT OF EXECUTION) AND AFTER THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S BANK ACCOUNT IS FROZEN?
Occasionally, after the New Jersey Special Civil Part Judgment Creditor files a Special Civil Execution against goods and chattels (Special Civil writ of Execution) and after a levy has been made by the New Jersey Special Civil Part Court Officer, the New Jersey Special Civil Part Judgment Debtor, brought to their knees, wants to make a settlement. The New Jersey Special Civil Part Judgment Creditor should be very careful about making a settlement at that point! Special Civil Court Officers who make a valid levy or who in some way helped produce payment are due their 10 percent commission on any amount paid by the New Jersey Special Civil Part Judgment Debtor. Accordingly, any payment the New Jersey Special Civil Part Judgment Creditor receives from a New Jersey Special Civil Part Judgment Debtor is subject to the New Jersey Special Civil Part Court Officer’s commission.

WHAT IF I WANT TO EXECUTE AGAINST THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S PERSONAL PROPERTY BUT I DON’T KNOW WHERE THAT PROPERTY IS LOCATED OR WHAT IT IS?
Within certain periods of time, Special Civil Judgment creditors can serve Special Civil Judgment debtors with a Special Civil written request for the New Jersey Special Civil Part Judgment Debtor to disclose personal financial information (called an Special Civil Information Subpoena). The Special Civil Information Subpoena consists of a series of Special Civil written questions that the New Jersey Special Civil Part Judgment Debtor is asked to answer under oath. When answered truthfully and completely, the answers to the Special Civil Information Subpoena may provide the New Jersey Special Civil Part Judgment Creditor with the information necessary for the New Jersey Special Civil Part Judgment Creditor to proceed with a Special Civil Execution of goods and chattels (Special Civil writ of Execution) against the New Jersey Special Civil Part Judgment Debtor’s personal property. The New Jersey Special Civil Part Judgment Creditor serves the original and one copy of the Special Civil Information Subpoena upon the New Jersey Special Civil Part Judgment Debtor either personally or by registered or certified mail, return receipt requested and simultaneously by regular mail along with self-addressed postage prepaid envelope. Within 14 days from the date on which it was served, the New Jersey Special Civil Part Judgment Debtor must answer the Special Civil Information Subpoena and return it to the New Jersey Special Civil Part Judgment Creditor. The Special Civil Information Subpoena may only be served once in a six month period, unless the New Jersey Special Civil Part provides its approval for more frequent use.

A New Jersey Special Civil Part Judgment Creditor may file a Special Civil motion with the New Jersey Special Civil Part stating the amount due on the Special Civil Judgment and asking the New Jersey Special Civil Part Court to enter a Special Civil order requiring the New Jersey Special Civil Part Judgment Debtor or any other person with information about the New Jersey Special Civil Part Judgment Debtor's assets to answer questions under oath about the New Jersey Special Civil Part Judgment Debtor’s assets at a particular place and time. There are limits to the number of orders that the New Jersey Special Civil Part Judgment Creditor may secure to compel a person to appear to answer such questions. Once the Special Civil order is entered, at least 10 days before the appearance date, the New Jersey Special Civil Part Judgment Creditor serves a copy of the Special Civil order on the person that is required to appear to answer the questions by mailing the Special Civil order copy by registered or certified mail, return receipt requested and simultaneously by regular mail.

WHAT IF I SERVE AN SPECIAL CIVIL INFORMATION SUBPOENA AND THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR FAILS TO ANSWER IT?
Many debtors try to ignore answering the Special Civil Information Subpoena but if they do ignore the Special Civil Information Subpoena, the New Jersey Special Civil Part Judgment Creditor may make a Special Civil motion for a Special Civil order to enforce the New Jersey Special Civil Part Judgment Creditor’s right to receive answers to the Special Civil Information Subpoena. That type of Special Civil motion is called a Special Civil motion to enforce litigant’s rights. While the Special Civil motion is a cumbersome process that encourages debtors to take their time answering Special Civil Information Subpoenas, if properly pursued, the Special Civil motions to enforce litigant’s rights can result in the New Jersey Special Civil Part issuing a warrant for the New Jersey Special Civil Part Judgment Debtor’s arrest and the New Jersey sheriff may thereafter arrest the New Jersey Special Civil Part Judgment Debtor and bring them to the New Jersey Special Civil Part Courthouse to face the Court for the failure to comply with the Special Civil Information Subpoena.

If the New Jersey Special Civil Part Judgment Debtor fails to fully answer and forward the Special Civil Information Subpoena within 21 days from the date it is served on the New Jersey Special Civil Part Judgment Debtor, the New Jersey Special Civil Part Judgment Creditor may also file a Special Civil motion with the New Jersey Special Civil Part for a Special Civil order allowing the New Jersey Special Civil Part Judgment Creditor to serve a separate Special Civil Information Subpoena on banks, employers or businesses who owe the New Jersey Special Civil Part Judgment Debtor money.

WHAT IF I SERVE A SPECIAL CIVIL ORDER REQUIRING SOMEONE TO APPEAR TO ANSWER QUESTIONS ABOUT THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S ASSETS BUT THE PERSON REQUIRED TO APPEAR FAILS TO APPEAR?
If the person supposed to appear in the New Jersey Special Civil Part Court order does not appear where and when specified in the Special Civil order or appears but fails to provide information about the New Jersey Special Civil Part Judgment Debtor's assets, the New Jersey Special Civil Part Judgment Creditor may file a Special Civil motion with the New Jersey Special Civil Part asking the New Jersey Special Civil Part Court to punish the person failing to appear for their committing a contempt of Court.

WHAT IF I SERVE AN SPECIAL CIVIL INFORMATION SUBPOENA AND THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S ANSWERS ARE INCOMPLETE?
If a New Jersey Special Civil Part Judgment Debtor answers an Special Civil Information Subpoena but does it in a way that is evasive, thereby avoiding the obligation to provide complete answers, the New Jersey Special Civil Part Judgment Creditor may file a Special Civil motion for more specific answers to the Special Civil Information Subpoena or face a warrant for the New Jersey Special Civil Part Judgment Debtor’s arrest. If the Special Civil motion is granted and the New Jersey Special Civil Part Judgment Debtor fails to comply with the Special Civil order after being served with it and the New Jersey Special Civil Part thereafter issues a warrant for the New Jersey Special Civil Part Judgment Debtor’s arrest, the New Jersey sheriff may thereafter arrest the New Jersey Special Civil Part Judgment Debtor and bring them to the New Jersey Special Civil Part Courthouse to face the New Jersey Special Civil Part Court for the failure to more fully answer the Special Civil Information Subpoena.

CAN I COLLECT MY SPECIAL CIVIL JUDGMENT BY EXECUTING AGAINST THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR’S WAGES?
If a New Jersey Special Civil Part Judgment Debtor works in New Jersey and earns more than a certain amount of money per week, you may seek to execute against the New Jersey Special Civil Part Judgment Debtor’s wages by filing a Special Civil motion for a Special Civil wage Execution with the New Jersey Special Civil Part and serving it on the New Jersey Special Civil Part Judgment Debtor by both regular and certified mail. The New Jersey Special Civil Part Judgment Debtor may object to the Special Civil motion being granted and if they do in the manner required by the New Jersey Court Rules, the New Jersey Special Civil Part will schedule a hearing on the Special Civil motion. However, the grounds for objecting to a Special Civil wage Execution are usually quite limited. If the New Jersey Special Civil Part Judgment Debtor does not properly object to the Special Civil motion for a Special Civil wage Execution or the New Jersey Special Civil Part Court denies the New Jersey Special Civil Part Judgment Debtor’s objection to the Special Civil motion, the New Jersey Special Civil Part shall enter a Special Civil order for a Special Civil wage Execution. If this happens, the New Jersey Special Civil Part Court Officer is supposed to deliver the Special Civil order for the wage Execution to the New Jersey Special Civil Part Judgment Debtor's employer and the employer is supposed to follow the Special Civil order’s directions by holding back a portion of the New Jersey Special Civil Part Judgment Debtor's pay and sending the money held back to the New Jersey Special Civil Part Court Officer, who is supposed to send it to the New Jersey Special Civil Part Judgment Creditor.

IF THE SPECIAL CIVIL JUDGMENT IS FULLY SATISFIED, DO I HAVE ANY OBLIGATIONS TO THE NEW JERSEY SPECIAL CIVIL PART JUDGMENT DEBTOR?
If a Special Civil Judgment is fully satisfied, the New Jersey Special Civil Part Judgment Creditor must file a document with the New Jersey Special Civil Part indicating that the New Jersey Special Civil Part Judgment was in fact fully satisfied. The document is called a “warrant of satisfaction.” Sometimes the New Jersey Special Civil Part Judgment Debtor or their attorney shall ask for a warrant of satisfaction once the New Jersey Special Civil Part Judgment is fully satisfied, with the intention of filing the Special Civil warrant with the New Jersey Special Civil Part.

WHAT IF I OR THE NEW JERSEY SPECIAL CIVIL PART COURT OFFICER CAN’T COLLECT MY SPECIAL CIVIL JUDGMENT IN THE NEW JERSEY SPECIAL CIVIL PART?
If a New Jersey Special Civil Part Judgment Creditor or a Special Civil Court Officer cannot collect a Special Civil Judgment in the New Jersey Special Civil Part, the New Jersey Special Civil Part Judgment Creditor may have the Special Civil Judgment from the New Jersey Special Civil Part recorded in the Superior Court Clerk's Office in Trenton. The Special Civil Judgment is docketed by paying a fee and filing the proper papers with the Superior Court Clerk's Office in Trenton. The advantage to docketing the New Jersey Special Civil Part Judgment with the Superior Court Clerk's Office in Trenton is that, once properly docketed in the Superior Court, until the Special Civil Judgment is fully satisfied, the New Jersey Special Civil Part Judgment Debtor is unable sell with clear title any real estate owned in New Jersey. However, there is also a disadvantage to docketing the Special Civil Judgment – once docketed, the Court Officers of the New Jersey Special Civil Part can no longer help the New Jersey Special Civil Part Judgment Creditor to collect the New Jersey Special Civil Part Judgment. Instead, any further efforts that the New Jersey Special Civil Part Judgment Creditor makes to collect the New Jersey Special Civil Part Judgment must be made through the New Jersey sheriff's Office in the county where the New Jersey Special Civil Part Judgment Debtor's assets are located. Since the New Jersey sheriff’s efforts to recover the New Jersey Special Civil Part Judgment are not rewarded through commissions on the amount they may collect, many Judgment Creditor attorneys prefer to keep the Special Civil Judgment undocketed for as long as they believe there is a chance of collecting it through the New Jersey Special Civil Part’s Court.

NEED HELP GETTING A SPECIAL CIVIL JUDGMENT OR COLLECTING A SPECIAL CIVIL JUDGMENT?
Let the Law Office of Paul DePetris help you collect that Special Civil Judgment you recovered. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

NEED HELP WITH YOUR NEW JERSEY LAWSUIT?
Handling your New Jersey lawsuit 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 New Jersey lawsuit. Not all New Jersey lawsuits 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 New Jersey lawsuit 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 lawsuit. Let the Law Office of Paul DePetris help you with your New Jersey lawsuit.

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 lawsuits 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 lawsuits. 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 lawsuit. Each New Jersey lawsuit 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 LAWSUIT MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey lawsuits, 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 lawsuits 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 lawsuit. The following are reasons to use an attorney to handle part or all of your New Jersey lawsuit:
• 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 lawsuit 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 lawsuit.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey lawsuit out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published lawsuits, 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 lawsuits.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey lawsuit to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey lawsuit. The judge hearing your New Jersey lawsuit is not permitted to give you legal advice.

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

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LAWSUITS?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey lawsuits 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 lawsuits 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 Special Civil debt collection trials
• mediated many New Jersey lawsuits
• 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 LAWSUITS?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims lawsuits in North, Central and Southern New Jersey, including lawsuits 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 LAWSUIT FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey lawsuits for an hourly fee, such as by offering to handle your New Jersey lawsuit up to trial for a fixed fee or to help you handle your New Jersey lawsuit by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey lawsuit to a fixed sum, while providing you the help you need to handle your New Jersey lawsuit. 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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