Legal Question in Consumer Law in New Jersey

Asking the judge for a larger monetary judgment

I won a judgment in small claims court, due to breech on the defendants behalf. Defendant failed to pay the agreed monies, by due date. I the plaintiff, petitioned for a execute,via a court constable. Defendant did not pay the constable, but petition for a writ to vacate. We will go before the judge. I would like to know, since wining a the full amount that I originally petition the court for, due to the breech, can I ask the judge at the hearing for the maximum judgement allowed in samll claims court which is 5,000.00 dollars.


Asked on 10/16/06, 9:04 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Asking the judge for a larger monetary judgment

To vacate a judgment and get a trial, the defendant must show two things (1) excusable neglect and (2) the existence of a defense. Even if the judge is inclined to vacate the default and the default judgment, you are entitled to recover any costs that you incurred as a consequence of the default. Usually these are attorney fees and the costs of the writ of execution and sheriff's fees.

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

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Answered on 10/16/06, 11:32 pm


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