Legal Question in Business Law in New Jersey

Cross Motion after a Motion of Default Judgement has been filed

We filed a complaint in July and our adversaty didn't respond to our claim. He had 35 days to do so. At the 36th day, we filed a Motion for Default Judgement. Now the defendant is filing a motion to stop the judgement. His reasons are no money and his attorney's illness. Are these good causes for a judge to grant their motion and allow them to file an answer? The file this motion 5 days after we file the motion for Default Judgement.

Thanks for all the help


Asked on 9/07/06, 2:22 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Cross Motion after a Motion of Default Judgement has been filed

The courts are very liberal in granting motions to set aside defaults and default judgments in the interest of justice. Especially when the default has not stood for a long time, most excuses for delay are accepted by the court. The concept is that a suit should be heard on its merits if that is at all possible.

There is one additional requirement to have a default judgment set aside: The defendant must show that he has a meritorious defense. Lacking that showing, a judge should leave a default judgment in place. You may also be able to recover your costs if it later turns out that the defense was a sham.

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Answered on 9/07/06, 3:35 pm
Robert Davies The Davies Law Firm, P.A.

Re: Cross Motion after a Motion of Default Judgement has been filed

yes, those are good reasons. why do you think the court should let you win without letting the other guy say why you should not win? be reasonable.

and yes, he has to tell the Court why he should win (meritorious defense).

Look, you are doing your best, but there is a reason why good attorneys make a living doing this. an excellent attorney can get your case organized and handled faster and better than you can, it is what the attorney does. Consider hiring an attorney, if the amount of money you are fighting over makes it worth doing.

good luck.

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Answered on 9/07/06, 3:37 pm


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