HOW TO REQUEST A DEFAULT JUDGMENT page2image1968 SUPERIOR COURT OF NEW JERSEY – SPECIAL CIVIL PART

HOW TO REQUEST A DEFAULT JUDGMENT

SUPERIOR COURT OF NEW JERSEY – SPECIAL CIVIL PART (SMALL CLAIMS AND REGULAR SPECIAL CIVIL PART CASES)
source http://www.judiciary.state.nj.us/prose/10914_default_jdgmt.pdf
If you sue someone by filing a complaint against him or her, that person (the defendant) is required either to answer your complaint in writing or appear in person in court. If the defendant does not answer the complaint or fails to appear at a required court hearing, the defendant is “in default.”
Before the person who filed the complaint can attempt to collect any amount of money after defendant’s default, the court must also have a record that proves what amount the defendant must pay. This process is called “entering a default judgment.” Attached are instructions with a document called a Certification of Proof that is used to enter a default judgment against someone. This Certification shows how much the person owes you and asks the court to enter the default judgment in that amount. You will be asked to provide documentation that supports the amount you claim is owed. You must complete and submit the Certification form before you can collect any money owed.
WHO SHOULD USE THIS PACKET?
You can use this form if:
• The request for a default judgment is submitted to the court within six months from the date that default was entered against the defendant. If you are unsure of this date contact the staff of the Special Civil Part.
You cannot use this form if:

• More than six months have gone by from the date of the entry of default.
  
• Default was entered because the defendant’s answer was dismissed.
  
• The defendant’s answer was stricken for failure to answer interrogatories (a set of legal
  questions served upon the defendant and required to be answered).
  Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 1 of 7
  

CIVIL – SCP
DEFAULT INSTRUCTIONS

• This is a repossession case.
  
• You are unable to prove that the defendant is not on active duty in the military.
  If you cannot use this form, you are required to file a motion. A motion requires a decision by a judge. Forms and instructions to file a motion are available from the Special Civil Part Clerk’s Office or from the Internet at njcourts.com.
  After a default judgment has been entered in the court record, the Special Civil Part Clerk’s Office will mail you a postcard that shows the date and amount of the judgment entered by the court against the defendant. Once you have completed the default judgment process, you are considered to be a “judgment creditor,” that is, someone who is owed money. Within seven days of receiving the postcard from the court, you must notify the person who owes you the money (known at that point as the “judgment debtor”) by ordinary mail of the date and amount of the judgment. You should contact the judgment debtor to discuss payment. If you do not receive the money that is owed you, court staff can tell you about several ways you can to try to collect it. Forms and brochures explaining the collection process are available at the Special Civil Part Clerk’s Office.
  NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary’s Internet site (njcourts.com). However, you are ultimately responsible for the content of your court papers.
  

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 2 of 7

CIVIL – SCP
DEFAULT INSTRUCTIONS
THINGS TO THINK ABOUT BEFORE YOU TRY TO REPRESENT YOURSELF IN COURT

TRY TO GET A LAWYER
The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found in your local yellow pages under “Legal Aid” or “Legal Services.”
If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. That number can also be found in your local yellow pages. Most county bar associations have a lawyer referral service. The county bar lawyer referral service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometimes consult with you at a reduced fee.
There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations.
WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF
While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help.
- We can explain and answer questions about how the court works.

- We can tell you what the requirements are to have your case considered by the court.
- We can give you some information from your case file.
- We can provide you with samples of court forms that are available.
- We can provide you with guidance on how to fill out forms.
- We can usually answer questions about court deadlines.
- We cannot give you legal advice. Only your lawyer can give you legal advice.
- We cannot tell you whether or not you should bring your case to court.
- We cannot give you an opinion about what will happen if you bring your case to court.
- We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.
- We cannot talk to the judge for you about what will happen in your case.
- We cannot let you talk to the judge outside of court.
- We cannot change an order issued by a judge.
KEEP COPIES OF ALL PAPERS
Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs, and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary.

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 3 of 7

CIVIL – SCP
DEFAULT INSTRUCTIONS
INSTRUCTIONS FOR REQUESTING A DEFAULT JUDGMENT:

STEP 1: Determine whether or not the defendant (judgment debtor) is a member on active military duty for the United States. You must do this because federal law protects people from certain legal actions while they are on active military duty. This is required only if the default judgment is to be entered against an individual; if a default judgment is to be entered against a business, it is not necessary to complete Step 1.
You must do one the following:
1) If you have personal knowledge regarding whether the person is in the military, complete a Certification of Proof form that explains how you know that the person is or is not in the active military service. If you do not possess this personal knowledge regarding the defendant’s status, you may not use this form.
2) If you know the defendant's Social Security Number or date of birth, contact the Department of Defense Manpower Data Center (DMDC) online. In order to access to the web site you will need to accept the DoD certificate which verifies the authenticity of the web server prior to transmitting information from the web site. To obtain the certificate and access the website, click on this link: https://www.dmdc.osd.mil/appj/scra/scraHome.do.
3) If you do not have the defendant’s Social Security Number or date of birth, contact each of the five branches of the military, separately. You must state the reason for your request and it must contain as much information as is known about the defendant, such as full name, date and place of birth, last known address, service number, rank or grade, VIN number, driver’s license number, or other information to properly identify the individual in question.
Requests to all branches, other than the Army, require a $5.20 fee. A request to the Army costs $56.40. All requests may be made as follows:

Air Force Worldwide Locator
HQ AFPC/DPDXIDL
550 C Street West, Suite 50
Randolph Air Force Base, TX 78150-4752
(210) 565-2660 http://www.afpc.af.mil/library/airforcelocator.asp Make check payable to DAO-DE RAFB. Enclose a self-addressed stamped envelope. Hours: Weekdays, 7:30 A.M. -4:30 P.M. C.S.T.
Navy Worldwide Locator
Navy Personnel Command, PERS-1
5720 Integrity Drive
Millington, TN 38055-3120
(866) 827-5672
http://www.public.navy.mil/bupers- npc/organization/npc/csc/Pages/NavyLocatorService.aspx Make check payable to U.S. Treasurer. Enclose a self-addressed stamped envelope.
Commandant of the Marine Corps (MMSB17)
HQMC
2008 Elliot Road, Suite 201
Quantico, VA 22134-5030
(703) 784-3941, (800) 268-3710,
Fax: (703) 784-5792
Please mark on bottom of envelope “OFFICIAL BUSINESS” and make check payable to
U.S. Treasurer. Enclose a self-addressed stamped envelope.
U.S. Coast Guard
Commander (PSC-mr) Personnel Service Center
US Coast Guard Stop 7200 4200 Wilson Blvd, Suite 1100 Arlington, VA 20598-7200
(866) 634-0574
http://www.uscg.mil/psc/adm/adm3/locator/
Make check payable to U.S. Coast Guard. Enclose a self-addressed stamped envelope. Hours: Weekdays, 7:30 A.M. -4:00 P.M. C.S.T.
Department of the Army
ONLINE REQUESTS ONLY
http://www.servicememberscivilreliefact.com/
Follow the online prompts to register. The fee for the search and affidavit is $56.40.

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 4 of 7

CIVIL – SCP
DEFAULT INSTRUCTIONS
STEP 2: Compile all the documentation and proof you have to support the entry of default judgment. There are different types of information that can be considered as documentation or proof of the amount the defendant owes you. Some examples are:

• A written agreement to pay
  
• A canceled check
  
• Money Order
  
• Receipt
  
• Bill
  
• Agreement to Pay
  
• Invoice
  
• Signed Contract
  
• An Estimate
  
• Letters
  
• Leases
  
• Photographs
  Your documentation should show the date(s) the debt occurred, the specific dollar amount owed, and any pre-judgment interest (interest from the date of debt up to the entry of the default judgment). Attach all copies of documentation and proof to the Certification of Proof form. Please be sure to retain a copy of all submitted documents for your record.
  In certain cases, your documentation and supporting proof may not have all the required information that is needed to enter a default judgment. If you do not have written proof of the debt or as much proof as is needed by the court to make a decision, a hearing may be scheduled before a judge so that you may testify in court as to the amount of the debt you believe the individual or business owes you. The court will decide whether to schedule such a hearing, known as a “proof hearing.” If a proof hearing is scheduled, you will receive written notice of the date and time of the hearing.
  STEP 3: Complete and Sign the attached form: Certification of Proof
  The attached form must be completed and signed by the person with personal knowledge of the facts of the case. The form must be received by the Court within 30 days from the date that it was signed by the person seeking the default judgment. Please type or print carefully.
  Line 1: Fill in the name of the person who has personal knowledge of the facts of the case.
  

Line 2: Line 3: Line 4:
Line 5:

No information required. This is a statement which you are certifying by your signature to be true.
No information required. This is a statement which you are certifying by your signature to be true.
Fill in the address of the defendant/judgment debtor. You are also required to specify how you have personal knowledge that this is the defendant’s address.
If defendant/judgment debtor is a business, this line is not to be filled in. Fill in only if the default judgment is to be entered against an individual. Fill in with the facts that explain how you know that the defendant is or is not in the active military service – or – attach the statement received from the Defense Manpower Data Center. If you had to contact the five branches of the military directly, attach a copy of the statement you received from each branch.
Fill in the specific dollar amount for the default judgment requested, breaking the total amount down by:

1. a)  The principal amount due: the initial
   amount of money that was paid, invested, borrowed, loaned, etc; plus, any interest (where applicable). If you are requesting interest, you will be required to provide documentation that provides for the rate of the interest.
   
2. b)  court costs: filing fees paid by the plaintiff to date. If you do not know the total of the filing fees you have paid, this information can be obtained from the Special Civil Part Clerk’s Office.
   

No information required. This is a statement which you are certifying by your signature to be true.
• Insert the date, your
signature and print your full name.

Line 6:

Line 7:

STEP 4: Send completed form, with all attachments, to the Special Civil Part Clerk’s Office. There is no filing fee for the request for default judgment.

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 5 of 7

Your Name
Street Address City, State, Zip Telephone Number
Plaintiff’s Name(s)
Defendant’s Name(s)

vs.

Superior Court Of New Jersey Law Division, Special Civil Part
County Docket No.
CERTIFICATION OF PROOF

1.

2. I am fully familiar with all of the facts and all of the proceedings in the above matter.
   
3. The defendant/debtor is not a minor and is not a mentally incapacitated person.
   
4. The defendant/debtor’s address is and
   I am aware that the defendant’s/debtor’s address or business location is at this location because:
   (state why and provide the source of your knowledge)
   
5. I am aware that the defendant(s) / debtor(s) (for individuals only) in the above matter is is not on active duty in the military service of the United States at the present time because:
   (state why and provide the source of your knowledge)
   
6. The defendant(s)/debtor(s) owes the total amount of $ . This amount is based upon the following, after giving the defendant(s) all the credits due:
   

a) Principal amount due $ , pre-judgment interest (where applicable) in the amount of
$ , the date of the defendant’s breach was , and the document of obligation that provides for the rate of pre-judgment interest is attached.

, being duly sworn upon his/her oath deposes and says:

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 6 of 7

CERTIFICATION OF PROOF

b) Court costs in the amount of $ . 7. This is not a repossession case.
I have attached/ the documentation to support the entry of this default judgment.
I certify that the foregoing statements made by me are true. If any of the foregoing statements made by me are false, I am subject to punishment.
Dated: Signature:
Type or Print Name

Revised 04/2014, CN 10914-English (How to Request a Default Judgment) page 7 of 7 

Attorneys, Professionals, Business owners and their staff invited to Happy Hour & Networking Social Friday, July 18

Attorneys, Professionals, Business owners and their staff invited to Happy Hour & Networking Social

Friday, July 18, 2014

 5:00PM - 7:00PM

   at Bar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

      

    Free !

5-7PM Hot & Cold Buffet

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

   Please bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need.

      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

https://www.facebook.com/events/224304321089890

 www.njlaws.com/happy-hour.html

LANDLORDS - EVICTING DEADBEAT TENANTS FOR NON-PAYMENT OF RENT

LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT OF RENT

                         By Kenneth A. Vercammen  Esq

        

         This article will briefly explore certain remedies and recommendations to landlords. Unlike big apartment complexes, many landlords in New Jersey do not have full time management companies handling the collection of rent. Yet all landlords should handle their payments as a business, just as big corporate landlords.

      

WRITTEN LEASE

         A  written lease is recommended for all rentals even for a month to month. Your lease should specifically require that the tenant pay the landlord's attorney's fees if they fail to pay rent or breach the lease in any way. If a written lease does not provide for attorneys fees, the court cannot award attorneys fees. In addition, your lease should provide in writing for re-renting cost if the tenant breaches the lease. Many leases also provide for late fees.

NON-PAYMENT OF RENT

         If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Court's Special Civil Part.  The court-filing fee is less than $50. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. Our minimum fee is $1,200, up front. Our consult fee is minimum $150.

         The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant.

         You and your attorney should appear on the date for hearing. If  the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession.

FAILURE OF TENANT TO APPEAR

         If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenant's property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks.

REGISTRATION OF PROPERTY

         Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.

Eviction Bill/ Services   

1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
2. Fill out the form Tenancy Summons.

Prepare Letter to court to File Complaint

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar call/hearing

Meeting with client

Minimum legal fee Eviction Bill/ Services   

1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
2. Fill out the form Tenancy Summons.

Prepare Letter to court to File Complaint

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar call/hearing

Meeting with client

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

www.njlaws.com

Landlord tenant eviction questionnaire - CLIENT INFORMATION SHEET

Please fill out completely

(Please Print)

NAME __________________________________________________________

      

ADDRESS _______________________________________________________

CITY _____________________________ STATE _______ ZIP _____________

CELL-PHONE ___________________________________ (Area Code Needed)

      

PHONE-DAY __________________________ NIGHT ______________________

E-MAIL ADDRESS _________________________________________________

TYPE OF MATTER: ________________________________________________

REFERRED BY: ___________________________________________________

If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, which search engine?  What search terms did you use?

TODAY’S DATE: __________________________________________________

DESCRIPTION OF MATTER:

______________________________________

______________________________________

______________________________________

­­­­­­

QUESTIONS TO ASK ATTORNEY: ______________________________________

________________________________________________________________

Eviction Details

1. Name of Plaintiff(s)/Landlord(s): ___________________

Name of all Defendant(s)/Tenant(s): ____________________ 

____________________

____________________

___________________

2. Address of Rental Premises: ____________________

Tenant’s Phone No.: ____________________

3. The tenant(s) now reside(s) in and has (have) been in possession of these premises since

____________________________

(mm/dd/yyyy)

under (check one)  _______ written or  _______ oral agreement

 4.  __ Check here if the tenancy is subsidized pursuant to either a federal or state program or the apartment is public housing.

5. Amount due.  The (check one) (x) monthly or ( ) weekly amount that must be paid by the tenants(s) for these premises is $___________

  payable on the _______ day of each (__) month or ( __) week in advance.

COMPLETE PARAGRAPHS 6A, 6B AND 6C IF COMPLAINT IS FOR NON-PAYMENT OF RENT

6A.  There is due, unpaid and owing from tenant(s) to landlord   for rent as follows:

$______  base rent  for ___________ month

$___  late charges, under paragraph ____, Line ___________ of written                              lease   [no late fees unless set forth in written lease]

$______  base rent  for ___________ month

$______  base rent  for ___________ month

$ _________ attorney's fees, as specifically provided for in the lease under paragraph ____, Line ___________  [no attorney  fees unless set forth in written lease]

       ________ other (specify ___________), if permitted by federal law, local law and the lease.

         $______  court costs (fees for filing and serving the complaint)

Total due as of this notice is $______________________

Amount due after first day of the next month $___________________

IF THE COMPLAINT IS FOR OTHER THAN OR IN ADDITION TO NON-PAYMENT OF RENT.  ATTACH ALL NOTICES TO CEASE AND NOTICES TO QUIT/DEMANDS FOR POSSESSION.

Landlord seeks a judgment for possession for the additional or alternative reason(s) stated in the notices 

attached to this complaint.  STATE REASONS  under the Lease or Violations of NJ Eviction Law

What questions do you have?

FILE A SPECIAL CIVIL PART COMPLAINT FOR MONEY OWED

         Most eviction complaints are evictions based only on non-payment of rent.  The New Jersey Anti-Eviction Act places substantial notice requirement on landlords who wish to evict tenants for reasons other than non-payment of rent. If the tenant is able to pay the rent in full prior to warrant of possession, the court will let the tenant remain in the property.

HOW TO GET YOUR MONEY

         The Tenancy Judge will not require the tenant to pay attorneys fees, damages and other costs. This court can only evict tenants, or permit tenants to remain if they paid the rent in full. To protect yourself and get all money due, file a money owed complaint in the Special Civil Part. The filing fee is less than $50.

 KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

  (Phone) 732-572-0500

Compelling deadbeat Judgment debtors to appear for Deposition

• RULE 4:59. Process To Enforce Judgments

  4:59-1. Execution

  (f) Supplementary Proceedings. In aid of the judgment or execution, the judgment creditor or successor in interest appearing of record, may examine any person, including the judgment debtor, by proceeding as provided by these rules for the taking of depositions or the judgment creditor may proceed as provided by R. 6:7-2, except that service of an order for discovery or an information subpoena shall be made as prescribed by R. 1:5-2 for service on a party. The court may make any appropriate order in aid of execution. If the warrant for arrest is not executed within 24 months after the date of the entry of the order authorizing it, both the order and the warrant shall be deemed to have expired and to be of no further effect.
  
  

  6:7-2. Orders for Discovery; Information Subpoenas

  • (a) Order for Discovery. The court may, upon the filing by the judgment creditor or a successor in interest (if that interest appears of record) of a petition verified by the judgment creditor or the creditor's agent or attorney stating the amount due on the judgment, make an order, upon good cause shown, requiring any person who may possess information concerning property of the judgment debtor to appear before the attorney for the judgment creditor or any other person authorized to administer an oath and make discovery under oath concerning that property at a time and place therein specified. The location specified shall be in the county where the person to be deposed lives or works.
    No more than one appearance of any such person may be required without further court order. The time and place specified in the order shall not be changed without the written consent of the person to be deposed or upon further order of the court.