Legal Question in Personal Injury in New Jersey

How to file a warrant to vacate judgement

the case refers to a car accident. the owner of the vehicle's insurance company is suing me for damage to the car. i was not notified of the court date. a default judgement was entered against me. i notified the plaintiff's attorney and the court that i wasn't notified of the court date. the court sent me a letter stating that i need to file a warrant to vacate judgement. how do i do this?


Asked on 2/08/01, 12:06 pm

1 Answer from Attorneys

John Pinho John Pinho

Re: How to file a warrant to vacate judgement

There are a couple of ways to vacate a judgment.

The first is to get the Plaintiff's attorney to vacate it by consent. That is not likely to happen. The second is to file a Motion to Vacate Default Judgment with the court which would include a Certification under oath that you were never served with the Complaint. Depending upon how much the Plaintiff is seeking it may be in your interest to hire he an attorney. If you decide (or are unable to) not to hire counsel, you can visit the court where the case is venued (filed) and review the case jacket including the proof of service. LawGuru may even have some forms to help you along. If they did not obtain proper service, a judge will vacate the judgment.

Good Luck.

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Answered on 3/25/01, 3:24 pm


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