Legal Question in Civil Litigation in New Jersey
I am suing a part in a different state of a contract dispute. He was well aware of the suit and what was happening as we sent him a demand letter prior to filing suit. He had 35 days to respond to the suit and he did not. 10 days before his time limit was over, he contacted us with a counter-claim threat if we did not drop the suit, we obviously rejected. He still did not file an answer so we filed for a default judgment. Then we get a call one month later after his time limit asking for an extension, we obviously denied. We are still waiting on the default judgment, but what are his chances of vacating this? He was properly served and everything. Everything was done by the book.
2 Answers from Attorneys
To vacate a default judgment, the defendant must show a meritorious defense and excusable delay. The fact that there are ongoing negotiations is not generally considered excusable delay unless you did something to lead the other party to think that an extension would be granted. However, none of that changes your course. Get the default judgment and then let the other party apply to have it vacated.
See also: http://info.corbettlaw.net/lawguru.htm
Attorney Corbett has said it correctly.
If there is any serious amount of money involved, you really should have a lawyer help you.
If they file a motion to vacate the default, then you really want a lawyer to help. Most of the time, I handle debt lawsuits for a percentage of the money that I collect, so that you are not paying a lawyer's fees as you go along.
Call me if I can help you.
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