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How To Vacate A Special Civil Default Judgment

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SPECIAL CIVIL MOTION TO VACATE DEFAULT JUDGMENT

WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT?
A New Jersey Special Civil Part Motion To Vacate Default Judgment is a Special Civil party’s formal request, made by an application called a motion, to have some or all portions of a judgment removed from the New Jersey Special Civil Part’s records so that the Special Civil party against whom the judgment was entered has an opportunity to go to trial. A New Jersey Special Civil Part Motion To Vacate Default Judgment is not the end of the New Jersey Special Civil Part case – it is usually a new beginning. When a Special Civil party has a New Jersey Special Civil Part Default Judgment entered against them, to have their “day in court” they must normally file a New Jersey Special Civil Part Motion To Vacate Default Judgment and thereafter file an answer and have a trial or have their Special Civil case decided in the future by another motion filed in the New Jersey Special Civil Part. The most common exception to a Special Civil party not having to ask for a new “day in court” after a New Jersey Special Civil Part default judgment is vacated occurs when the Special Civil party making the motion can prove that they paid the judgment (not to be confused with paying the debt that formed the basis of the judgment before the judgment was entered). If a person or business wants to vacate a New Jersey Special Civil Part default judgment, the sooner they file the New Jersey Special Civil Part Motion To Vacate Default Judgment , the better. This is because the New Jersey Special Civil Part often is less likely to grant a New Jersey Special Civil Part Motion To Vacate Default Judgment if the The Special Civil party making the New Jersey Special Civil Part Motion To Vacate Default Judgment is called the “moving party” or “movant” and the Special Civil party responding to the New Jersey Special Civil Part Motion To Vacate Default Judgment is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part Motion To Vacate Default Judgment are called “opposition papers.” The date that the New Jersey Special Civil Part Motion To Vacate Default Judgment is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Special Civil Part Motion To Vacate Default Judgment, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from a Special Civil lawyer licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice by a New Jersey Special Civil lawyer.


WHEN IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENTS FILED AND HEARD?
A New Jersey Special Civil Part Motion To Vacate Default Judgment must be typically be served and filed 10 days before the hearing date. Upon receipt of an objection to the New Jersey Special Civil Part Motion To Vacate Default Judgment being granted and a request for oral argument or at the direction of the New Jersey Special Civil Part, the New Jersey Special Civil Part Clerk sets the New Jersey Special Civil Part Motion To Vacate Default Judgment down for hearing and shall notify the parties or their attorneys by mail of the time and place of the New Jersey Special Civil Part Motion To Vacate Default Judgment hearing.

HOW IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENTS DECIDED?
On a New Jersey Special Civil Part Motion To Vacate Default Judgment, supported with a brief, and upon such terms as are just, the New Jersey Special Civil Part may relieve a Special Civil party or the Special Civil party's legal representative from a New Jersey Special Civil Part final judgment or New Jersey Special Civil Part final order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order and which by due diligence could not have been discovered in time to move for a new New Jersey Special Civil Part trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order is void; (e) the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order has been satisfied, released or discharged, or a prior New Jersey Special Civil Part judgment or New Jersey Special Civil Part order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the New Jersey Special Civil Part judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order. A court should view the New Jersey Special Civil Part Motion To Vacate Default Judgment with great liberality, and every reasonable ground for indulgence is tolerated to reach a just result. This reflects New Jersey's strong public policy that New Jersey Special Civil Part cases should be heard on their merits and that a technical violation of the rules should not result in the forfeiture of an otherwise valid New Jersey Special Civil Part claim or New Jersey Special Civil Part defense. To qualify relief from a New Jersey Special Civil Part Default Judgment, the New Jersey Special Civil Part defendant must prove to the New Jersey Special Civil Part that: (1) the New Jersey Special Civil Part defendant’s failure to answer or otherwise to appear was excusable under the circumstances; and (2) the New Jersey Special Civil Part defendant had a meritorious defense to the New Jersey Special Civil Part case. In deciding whether or not to vacate a New Jersey Special Civil Part default judgment, all doubts should be resolved in favor of the Special Civil party making the New Jersey Special Civil Part Motion To Vacate Default Judgment.

IF I AM MAKING A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT IN THE NEW JERSEY SPECIAL CIVIL PART, WHAT MUST I FILE WITH THE NEW JERSEY SPECIAL CIVIL PART?
• Notice of motion
• Certifications or affidavits presenting any facts supporting your claim for relief
• Proof of mailing of the entire motion package to all other parties
• A brief that states the legal reasons for the New Jersey Special Civil Part to grant the New Jersey Special Civil Part Motion To Vacate Default Judgment and that refers to any cases, court rules, laws or regulations that support your right to summary judgment. The brief may also discuss facts if those facts are already in the New Jersey Special Civil Part record or if you introduce the facts into the New Jersey Special Civil Part record in the manner required by the New Jersey Court Rules.
• A proposed New Jersey Special Civil Part answer to the New Jersey Special Civil Part complaint filed in the New Jersey Special Civil Part case
• Proposed form of order
• A filing fee if required by the New Jersey Special Civil Part for first filings – contact the New Jersey Special Civil Part to confirm if a fee is necessary and if so, how much.
• 1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey Special Civil Part to use if it grants the proposed order)

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey Special Civil Part with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your Special Civil papers to you for your records.
• A letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the New Jersey Special Civil Part and asking the New Jersey Special Civil Part to return a filed copy of your Special Civil papers to you for your records.
• New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits you submit that support your factual claims about why the New Jersey Special Civil Part should grant the New Jersey Special Civil Part Motion To Vacate Default Judgment.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART NOTICE OF MOTION TO VACATE DEFAULT JUDGMENT?
A New Jersey Special Civil Part notice of Motion To Vacate Default Judgment is a document containing certain language which tells all other parties and the New Jersey Special Civil Part certain information about the moving party’s motion. The New Jersey Special Civil Part notice of Motion To Vacate Default Judgment instructs the New Jersey Special Civil Part hearing the New Jersey Special Civil Part Motion To Vacate Default Judgment and all parties involved in the New Jersey Special Civil Part case who filed papers with the New Jersey Special Civil Part of crucial information regarding the New Jersey Special Civil Part Motion To Vacate Default Judgment.

WHAT INFORMATION GOES INTO A THE NEW JERSEY SPECIAL CIVIL PART NOTICE OF MOTION TO VACATE DEFAULT JUDGMENT?
The Special Civil notice of motion to vacate default judgment should include the following information:
• the grounds on which it is made
• the type of relief sought (summary judgment)
• if the New Jersey Special Civil Part scheduled a trial or arbitration date, the scheduled date
• if the moving party seeks oral argument on the New Jersey Special Civil Part Motion To Vacate Default Judgment
• the New Jersey Special Civil Part's address
• a statement that the order sought will be entered in the discretion of the New Jersey Special Civil Part unless the attorney or pro se party upon whom it has been served notifies the clerk of the New Jersey Special Civil Part and the attorney for the moving party or the pro se party in writing within ten days after the date of service of the New Jersey Special Civil Part Motion To Vacate Default Judgment that the responding party objects to the entry of the order.
• the following language: "NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a New Jersey Special Civil Part certification or New Jersey Special Civil Part affidavit. That means that the person signing it swears to the truth of the statements in the New Jersey Special Civil Part certification or New Jersey Special Civil Part affidavit and is aware that the New Jersey Special Civil Part can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the New Jersey Special Civil Part to explain your position. If the New Jersey Special Civil Part grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the New Jersey Special Civil Part must also be sent to the opposing party's attorney, or the opposing party if they are not represented by a Special Civil lawyer."

WHAT IS A NEW JERSEY SPECIAL CIVIL PART PROOF OF SERVICE?
In all New Jersey Special Civil Part actions, unless otherwise provided by rule or court order, Motion To Vacate Default Judgments (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to Motion To Vacate Default Judgments must be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear (that is, parties who were named to a case but failed to ever file any papers whatsoever with the New Jersey Special Civil Part). Proof of service of a New Jersey Special Civil Part Motion To Vacate Default Judgment may be made (1) by an acknowledgment of service, signed by the attorney for a Special Civil party or signed and acknowledged by the Special Civil party, or (2) by an New Jersey Special Civil Part affidavit of the person making service, or (3) by a New Jersey Special Civil Part certification of service appended to the paper to be filed and signed by the attorney for the Special Civil party making service. If service has been made by mail the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification shall state that the mailing was to the last known address of the person served. A proof of service made by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification shall state the name and address of each attorney served, identifying the Special Civil party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the New Jersey Special Civil Part promptly and in any event before action is to be taken on the matter by the New Jersey Special Civil Part. Where service has been made by registered or certified mail, filing of the return receipt card with the New Jersey Special Civil Part shall not be required. Failure to make proof of service does not affect the validity of the service, and the New Jersey Special Civil Part at any time may allow the proof to be amended or supplied unless an injustice would result.

In New Jersey Special Civil Part Motion To Vacate Default Judgments, the proof of service most often takes the form of an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification that states that the Special Civil party submitting papers to the New Jersey Special Civil Part for filing served those papers on all parties involved in the New Jersey Special Civil Part case that ever filed papers with the New Jersey Special Civil Part (parties that entered their “appearance” such as by filing a complaint or answer or motion in the New Jersey Special Civil Part case). The proof of service should include the names and addresses of all those parties – their attorneys names and addresses only, if they are represented and for the self represented parties, their names and addresses.

HOW DO I SERVE A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT ON OTHER PARTIES IN THE NEW JERSEY SPECIAL CIVIL PART?
Service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon a Special Civil lawyer of Motion To Vacate Default Judgment or opposition papers is made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney or by leaving it at the office with a person in the attorney's employ or if the office is closed or the attorney has no office, in the same manner as service is made upon a Special Civil party pursuant to the New Jersey Court Rules. If the Special Civil party to be served is not represented by a Special Civil lawyer, service of Motion To Vacate Default Judgment or opposition papers upon that party is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the Special Civil party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Special Civil Part. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a Special Civil party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by New Jersey Court Rule 1:5-3 asserts that the Special Civil party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

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 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."

If a New Jersey Special Civil Part Motion To Vacate Default Judgment is based on facts not appearing in the New Jersey Special Civil Part’s records or not judicially noticeable, the New Jersey Special Civil Part may hear the New Jersey Special Civil Part Motion To Vacate Default Judgment if it is supported by New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify. If the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification refers to documents, true and correct copies of the documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification. Once a Special Civil party submits New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, the New Jersey Special Civil Part may direct the affiant to submit to cross-examination or may hear the New Jersey Special Civil Part Motion To Vacate Default Judgment wholly or partly on oral testimony or depositions. Since the rules require that New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications be made from personal knowledge, New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support of Motion To Vacate Default Judgments should not include facts based merely on "information and belief" or legal arguments.

When a New Jersey Special Civil Part Motion To Vacate Default Judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by proper New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications submitted to the New Jersey Special Civil Part and for reasons stated in those New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, that the Special Civil party was unable to present by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification facts essential to justify opposition, in which case the New Jersey Special Civil Part may deny the New Jersey Special Civil Part Motion To Vacate Default Judgment, may order a continuance to permit additional New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

Special Civil parties submitting New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits in bad faith. If the New Jersey Special Civil Part is satisfied, at any time, that any of the New Jersey Special Civil Part affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey Special Civil Part shall immediately order the Special Civil party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the New Jersey Special Civil Part affidavits, including reasonable attorney's fees and the New Jersey Special Civil Part may also hold any offending party or attorney as having committed a contempt of court.

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY SPECIAL CIVIL PART CERTIFICATION OR NEW JERSEY SPECIAL CIVIL PART AFFIDAVIT?
If the affiant is not available to sign an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification, it may be filed with a facsimile of the original signature provided the attorney or self represented party offering the document certifies that the affiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the New Jersey Special Civil Part or a Special Civil party.

WHAT IS A PROPOSED FORM OF SPECIAL CIVIL ORDER?
Special Civil motions for summary judgment must include a proposed form of Special Civil order for the Special Civil judge’s signature and that orders that the New Jersey Special Civil Part Motion To Vacate Default Judgment be granted. A Special Civil judgment or Special Civil order shall not contain a recital of the pleadings in the New Jersey Special Civil Part case or the record of prior proceedings. It must include the following:

• the caption of the New Jersey Special Civil Part case
• signature line for the Special Civil judge hearing the New Jersey Special Civil Part Motion To Vacate Default Judgment
• Spaces for the New Jersey Special Civil Part to indicate whether the New Jersey Special Civil Part Motion To Vacate Default Judgment was opposed or unopposed.
• If the New Jersey Special Civil Part Motion To Vacate Default Judgment or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification made in compliance with the New Jersey Court Rules
• a designation of the subject of the Special Civil judgment or Special Civil order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• the appearances of counsel and parties appearing pro se
• a separate numbered paragraph for each separate substantive provision of the Special Civil judgment or Special Civil order
• the effective date of the Special Civil judgment or Special Civil order or of each provision if the effective date of any provision is different from the date of entry
• If the New Jersey Special Civil Part has made findings of fact and conclusions of law explaining its disposition of the New Jersey Special Civil Part Motion To Vacate Default Judgment, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered. However, if the New Jersey Special Civil Part Motion To Vacate Default Judgment was argued and the New Jersey Special Civil Part intends to place its findings on the record at a later date, it shall give all parties one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the New Jersey Special Civil Part shall append to the order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the New Jersey Special Civil Part memorializing the disposition made on a telephone motion.

WHAT HAPPENS AFTER I FILE A SPECIAL CIVIL MOTION TO VACATE DEFAULT JUDGMENT?
• If your Special Civil motion papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part Motion To Vacate Default Judgment might not require you to appear for a hearing.
• If your Special Civil papers are marked to specifically request oral argument, the New Jersey Special Civil Part might permit you to orally argue the New Jersey Special Civil Part Motion To Vacate Default Judgment.
• If your Special Civil papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part Motion To Vacate Default Judgment. Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Special Civil Part’s decision alone on whether to grant such argument.
• Regardless of how your Special Civil papers are marked, before ever showing up for a hearing call the New Jersey Special Civil Part and find out the name of the Special Civil judge hearing the New Jersey Special Civil Part Motion To Vacate Default Judgment and the phone number of the Special Civil judge’s chambers. Call the Special Civil judge’s chambers to find out if the New Jersey Special Civil Part is going to hold oral argument on the New Jersey Special Civil Part Motion To Vacate Default Judgment. Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Special Civil Part!!!!
• You should also receive a filed copy of the New Jersey Special Civil Part Motion To Vacate Default Judgment papers back from the New Jersey Special Civil Part. If you mailed the documents to the New Jersey Special Civil Part for filing do not receive a filed copy of the New Jersey Special Civil Part Motion To Vacate Default Judgment and such a card within 7 days of filing the New Jersey Special Civil Part Motion To Vacate Default Judgment, call the New Jersey Special Civil Part to find out why (it is not unusual for Special Civil Courts to lose motions or to fail to mail papers back to litigants or their attorneys). When you call, refer to your case docket number and have your Special Civil papers ready for reference.
• If you hand deliver the New Jersey Special Civil Part Motion To Vacate Default Judgment to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part Motion To Vacate Default Judgment back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your Special Civil papers.
• You may state in your Special Civil opposition papers that you want your Special Civil motion to be decided without you having to appear but the New Jersey Special Civil Part can demand your appearance even if you give up your right to appear.
• If the New Jersey Special Civil Part requires you to appear for Special Civil oral argument on the New Jersey Special Civil Part Motion To Vacate Default Judgment (the New Jersey Special Civil Part may do so regardless of whether you requested argument), the New Jersey Special Civil Part should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey Special Civil Part Motion To Vacate Default Judgment hearing, you should call the New Jersey Special Civil Part the day before the hearing and if necessary, call the Special Civil judge’s chambers and ask to speak with the Special Civil judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Special Civil Part requires your appearance at the New Jersey Special Civil Part Motion To Vacate Default Judgment hearing, to avoid having the New Jersey Special Civil Part Motion To Vacate Default Judgment denied, go to court on the date the New Jersey Special Civil Part Motion To Vacate Default Judgment to argue the New Jersey Special Civil Part Motion To Vacate Default Judgment. Failure to appear at Special Civil Court if the New Jersey Special Civil Part Motion To Vacate Default Judgment is scheduled for Special Civil oral argument may result in the denial of your Special Civil motion. If and when you go to court, be sure to bring a complete file of all documents about your case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.). For, if the New Jersey Special Civil Part hears your Special Civil motion, the Special Civil judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Special Civil Part Motion To Vacate Default Judgment is scheduled to be decided, the New Jersey Special Civil Part forwards you a copy of the order granting or denying the New Jersey Special Civil Part Motion To Vacate Default Judgment.
• If the New Jersey Special Civil Part Motion To Vacate Default Judgment is granted, you should be forwarded a copy of the granted order by the New Jersey Special Civil Part. If this happens, make 1 copy of the order, prepare a letter serving the order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the order (keep the original order for your records).
• Note that the New Jersey Special Civil Part may use telephone conferences to hear motions and with advance approval by the New Jersey Special Civil Part, sometimes the New Jersey Special Civil Part allows parties to appear by telephone instead of appearing at Special Civil Court in person. If you intend to try to appear by phone, you must get the New Jersey Special Civil Part’s consent in advance of the hearing! Consult the New Jersey Court Rules for further details.

WHAT HAPPENS IF I MAKE A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT OR BEFORE ITS HEARING DATE THE PARTIES SETTLE THE NEW JERSEY SPECIAL CIVIL PART CASE?
Special Civil moving parties are permitted to withdraw a New Jersey Law Division Motion To Vacate Default Judgment from the New Jersey Special Civil Part before the New Jersey Special Civil Part Motion To Vacate Default Judgment is heard. If the moving party decides to withdraw its New Jersey Special Civil Part Motion To Vacate Default Judgment or they settle their Special Civil case, the moving party must immediately inform the New Jersey Special Civil Part. This is best done by calling the Special Civil judge’s chambers for the Special Civil judge hearing the New Jersey Special Civil Part Motion To Vacate Default Judgment and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the New Jersey Special Civil Part to fax it to the New Jersey Special Civil Part and to also forward it by certified mail, RRR, keeping a copy for your records).

WHAT HAPPENS IF THE NEW JERSEY SPECIAL CIVIL PART GRANTS MY NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT?
Unless the New Jersey Special Civil Part otherwise orders, within 7 days after the date it was signed, the Special Civil party obtaining an order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey Court Rules. In most cases, you shall thereafter have to file the proposed New Jersey Special Civil Part answer to the New Jersey Special Civil Part complaint filed in the New Jersey Special Civil Part case.

WHAT HAPPENS IF I LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT?
If you lose a New Jersey Special Civil Part Motion To Vacate Default Judgment, unless otherwise ordered by the New Jersey Special Civil Part, the New Jersey Special Civil Part judgment shall remain on the New Jersey Special Civil Part’s records for 20 years from the date of its entry and it can be renewed for
another 20 years if the proper steps are taken before the New Jersey Special Civil Part judgment expires.

MOVING FOR RECONSIDERATION & TAKING NEW JERSEY SPECIAL CIVIL PART APPEALS
If you disagree with your New Jersey Special Civil Part court’s decision about a motion, you may file papers for your New Jersey Special Civil Part court for various forms of post trial relief, such as a motion for your New Jersey Special Civil Part court to reconsider its decision (called a motion for reconsideration) or a motion to overturn the verdict or a motion for a new trial. In most cases, such post trial motions if made from a final judgment or order, must be made in a specific time frame, such as 20 days from the date of your New Jersey Special Civil Part court’s final judgment or order deciding the motion. If your New Jersey Special Civil Part’s decision in your New Jersey Special Civil Part case is final, you may also appeal your New Jersey Special Civil Part case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey Special Civil Part appeals. To appeal a New Jersey Special Civil Part final judgment that resolves all issues in your New Jersey Special Civil Part case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey Special Civil Part appeals are not heard by your New Jersey Special Civil Part and you should not try to file appellate papers with your New Jersey Special Civil Part! As part of your New Jersey Special Civil Part appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in your New Jersey Special Civil Part court system. Your New Jersey Special Civil Part court normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil lawyer, it is best to have the attorney perform the steps necessary to take a New Jersey Special Civil Part appeal. Appeals from New Jersey Special Civil Part orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for New Jersey Special Civil Part appeals from final judgments or orders. There may be exceptions to the information explained above; therefore, consult a Special Civil lawyer immediately!!!

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT MYSELF?
Motion To Vacate Default Judgments are some of the most complex proceedings in the New Jersey Special Civil Part system. Some people can and do successfully handle Motion To Vacate Default Judgments themselves, from filing the first paperwork to the New Jersey Special Civil Part’s final decision on the appeal. If you lose a New Jersey Special Civil Part Motion To Vacate Default Judgment it could have very serious consequences for you! Even attorneys frequently fail to file the proper paperwork when making or opposing Motion To Vacate Default Judgments. It is very risky to attempt to handle such complex proceedings without professional legal help provided by a Special Civil lawyer licensed by the State of New Jersey. The New Jersey Special Civil Part normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil lawyer, it is best to have the attorney perform the steps necessary to take an appeal. Motion To Vacate Default Judgments require those involved in the appeal (or their attorneys, if they are represented) to file strict deadlines and rules and failure to do so could result in fines or having the appeal dismissed temporarily or forever. The following are additional reasons to use a Special Civil lawyer to handle part or all of your case:
• court fees often change
• court rules often change
• court employees cannot give you “free” legal advice and a 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
• court forms available on websites may not cover every situation you may face in court
• each case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect motion or opposition papers that result in the papers being rejected by the New Jersey Special Civil Part 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 Special Civil Part case or of the New Jersey Court Rules.
• a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their Special Civil case out of court, fining them or limiting what they can present at trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do to make or oppose a New Jersey Special Civil Part Motion To Vacate Default Judgment.
• it is very common for Special Civil Courts to refuse to allow a Special Civil party to use or refer to documents or items on a New Jersey Special Civil Part Motion To Vacate Default Judgment unless those documents are properly authenticated. Often parties throw together paperwork that fails to comply with the New Jersey Court Rules and that the New Jersey Special Civil Part hearing the New Jersey Special Civil Part Motion To Vacate Default Judgment refuses to give serious consideration because of the paperwork’s deficiencies.
• without the proper preparation, items and documents may never be considered by the New Jersey Special Civil Part. Also, if there are any legal issues to be dealt with on a New Jersey Special Civil Part Motion To Vacate Default Judgment, you must be prepared to argue them, which may require you to refer to the New Jersey Court Rules, evidence rules, laws, regulations or published cases.
• you cannot show up at Special Civil Court expecting the Special Civil judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case. The Special Civil judge hearing your case is not permitted to give you legal advice.
• Losing a New Jersey Special Civil Part Motion To Vacate Default Judgment could mean the end of your case or defenses to a lawsuit and could mean the entry of a money judgment against you!

It is important to remember that even if you have a Special Civil lawyer, you could lose your case. Hiring a Special Civil lawyer to handle part or all of your case does not guarantee your success. However, it may provide the assistance you need to win a New Jersey Special Civil Part Motion To Vacate Default Judgment.

WHY SHOULD SPECIAL CIVIL PRO SE PARTIES SEEK HELP FROM A SPECIAL CIVIL 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 Special Civil lawyer!
Many Special Civil pro se parties make the mistake of not consulting a Special Civil lawyer before filing Special Civil papers only to later learn that the Special Civil pro se parties made serious mistakes that could cause them to lose their Special Civil case. New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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 Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law. Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. 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 at paul@newjerseylemon.com.

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

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

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 Special Civil lawyer!
Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. 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 at paul@newjerseylemon.com.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil 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 Special Civil case. The following are reasons to use an attorney to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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 Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey Special Civil case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect New Jersey Special Civil complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil 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 Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil 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 Special Civil 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 Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil 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 Special Civil judge tell the parties 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 Special Civil. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil 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 Special Civil expecting the judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The judge hearing your New Jersey 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 New Jersey Special Civil case. Hiring an attorney to handle part or all of your New Jersey Special Civil case does not guarantee your success. However, it may provide what is needed to win your New Jersey Special Civil case or to avoid certain mistakes.

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

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

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

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


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