Legal Question in Landlord & Tenant Law in New Jersey

default

I sued my former landlord for a partial rent refund due to her breach of contract. My summons was delivered and a trial had been set. The landlord filed an answer and counter claim. I received a postcard from the court notifying me that a second summons had been sent to the landlord, and that unless otherwise notified, this case will default in five weeks. What does this mean? Will I get a new trial date? What is my recourse at this point?


Asked on 11/08/03, 3:52 pm

1 Answer from Attorneys
John Pinho John Pinho

Re: default

If your Landlord filed an Answer and Coutnerclaim, the case should have been set down for a trial date. You should call the court and find out when the case's trial date is. If the case is a Special Civil Part case (which it shoulds like from your description), the court usually does not require the formality of you filing an answer to the CounterClaim. However, your call may prompt the court to set a trial date and/or advise you of the need to file an Answer to the Counterclaim (That may be what the post card is referring to, a Default on the Counterclaim.) so you are not deemed in default by a computer/clerical error.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 11/09/03, 2:15 pm


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