Default Judgments in New Jersey: How to Obtain One and How to Defend Against One

© 2024 Ibrahim Ahmed Law Group, P.C. All rights reserved. Original content — unauthorized reproduction prohibited.

When a defendant fails to respond to a lawsuit within the time required by the New Jersey Court Rules, the plaintiff can seek a default judgment — a court judgment entered in the plaintiff's favor without a trial. Ibrahim Ahmed Law Group has obtained six-figure default judgments for clients owed money by non-responsive defendants, and has also successfully vacated improper default judgments on behalf of defendants.

Obtaining a Default Judgment

Step 1: File the Complaint and Serve the Defendant

A lawsuit begins with the filing of a complaint in the appropriate court (Law Division for claims over $15,000; Special Civil Part for claims under $20,000). The defendant must be properly served with the complaint and summons.

Step 2: Wait for the Response Period

The defendant has 35 days from service to file an answer in the Law Division (20 days in the Special Civil Part). If no answer is filed, the plaintiff can proceed to default.

Step 3: Request Entry of Default

The plaintiff files a request for entry of default with the court clerk, certifying that the defendant was properly served and has failed to answer. The clerk enters default on the docket.

Step 4: Apply for Default Judgment

After default is entered, the plaintiff applies for a default judgment. For liquidated claims (a specific, calculable amount), the clerk can enter judgment. For unliquidated claims (damages that must be proven), the court schedules a proof hearing at which the plaintiff presents evidence of damages.

Enforcing the Default Judgment

A default judgment is a court judgment like any other — it can be enforced through wage garnishment, bank levies, liens on real property, and other collection mechanisms. In New Jersey, a judgment becomes a lien on real property in the county where it is docketed.

Vacating a Default Judgment

A defendant who has had a default judgment entered against them can move to vacate the judgment under R. 4:50-1. To succeed, the defendant must show:

1. Excusable neglect — A reasonable explanation for why they failed to answer (illness, improper service, failure to receive the complaint)
2. A meritorious defense — A potentially valid defense to the plaintiff's claims
3. No substantial prejudice to the plaintiff — Vacating the judgment would not unfairly harm the plaintiff

Courts apply this standard liberally — New Jersey has a strong preference for resolving cases on the merits rather than by default. However, a defendant who simply ignored the lawsuit without a good reason will have difficulty meeting the excusable neglect standard.

Common Defenses to Default Judgment

• Improper service — The complaint was not properly served on the defendant
• Lack of personal jurisdiction — The court does not have jurisdiction over the defendant
• Statute of limitations — The plaintiff's claim was time-barred when filed
• Payment — The defendant had already paid the debt
• No valid claim — The plaintiff's complaint fails to state a claim on which relief can be granted

This article is for general informational purposes only and does not constitute legal advice.