Legal Question in Credit and Debt Law in New Jersey

Vacate Judgement

Summary: Judgement entered not served want to vacate

Case description: In 1997 I was hospitalized as result of an emergency. Had no insurance and no employment. I filled out hospital papers requesting assistance and not sure what followed. Recently found that judgment had been entered (I have copy). Type of action was a ''contract'' and amount approximately $15,000. I want to petition to have judgment vacated since I was not served and did not know that I had been summoned to a court appearance or that a judgment had been issued. It was disclosed during a recent transaction in June of this year. There was never any payment activity on the account. When I discovered the judgement, I offered to settle and was turned down. Further investigation , on my part, revealed that papers from the attorney were sent to a PO Box that I never owned, or had any knowledge about. Certified mail that they sent (apparently to the same box number, was returned. My understanding is that the statute of limitations on a contract, in NJ, is 6 years so, it seems that, if the judgement is vacated, they can not refile since there was no restarting of the clock as a result of any activity.


Asked on 11/06/08, 11:57 am

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: Vacate Judgement

An application to vacate a default and default judgment must be based on a motion supported by certifications of excusable delay and a meritorious defense. It sounds as if you have both.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/06/08, 5:19 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Vacate Judgement

I'd be happy to help you. The fact that you called them and tried to settle could come back to bite you, even though it really shouldn't. I suggest you get a good attorney to fight this.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 11/06/08, 5:49 pm


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