How do I go about requesting a default judgment in law division?

02/24/2009 - Category:Civil Actions - Default Judgment - State: NJ #15352

Full Question:

How do I go about requesting a default judgment in law division? Do I send document to County Courthouse? How does the Judgment show up on their credit report? I am in New Jersey;defendant is in Ohio.

Answer:

I'm unable to determine from your question whether a complaint has already been filed. A complaint is typically filed in the court where the defendant resides, where they regularly conduct business, where a contract was executed or is to be performed, or where an accident took place. After the plaintiff serves the defendant with the complaint, the defendant is required to make an “appearance” by filing an answer in response to the complaint.

A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant. Negative credit like a default judgment can remain on a credit history report for 7-10 years.



Please see the information at the following links:

http://definitions.uslegal.com/d/default/
http://lawdigest.uslegal.com/courts/civil-procedure/7322/
http://definitions.uslegal.com/a/appearance/
http://definitions.uslegal.com/i/in-personam/
http://definitions.uslegal.com/v/venue/

Please see the form at the following link:

http://www.uslegalforms.com/us/US-00893.htm

02/24/2009 - Category: Default Judgment - State: NJ #15352

See more Questions in the Default Judgment Category