How to Obtain a Default Judgment in New Jersey Superior Court

What Is a Default Judgment?

A default judgment is a court ruling entered against a defendant who fails to respond to a lawsuit within the time required by law. In New Jersey Superior Court, a defendant generally has 35 days from the date of service of the Complaint to file an Answer. If the defendant fails to respond, the plaintiff may move for entry of default and, ultimately, a default judgment.

Default judgments are a powerful tool for plaintiffs who are owed money or other relief and whose opponents simply refuse to engage in the legal process. Ibrahim Ahmed Law Group, P.C. has obtained six-figure default judgments for clients in breach of contract and other civil matters.

Step 1: Serve the Defendant Properly

Before a default can be entered, the defendant must have been properly served with the Complaint and Summons. In New Jersey, service on an individual may be accomplished by:

• Personal service (hand delivery)
• Leaving a copy at the defendant's usual place of abode with a person of suitable age and discretion
• Certified mail (for certain defendants)
• Service on an authorized agent

For corporations and LLCs, service is typically made on the registered agent or an officer of the entity. Improper service is the most common reason default judgments are later vacated — so proper service documentation is critical.

Step 2: Request Entry of Default

If the defendant fails to answer within 35 days of service, the plaintiff may file a Request to Enter Default with the court clerk. The clerk will enter default on the docket if the request is properly supported.

The request must be accompanied by:

• Proof of service (affidavit or return of service)
• An affidavit confirming the defendant has not appeared or answered
• A statement that the defendant is not in active military service (required by the Servicemembers Civil Relief Act)

Step 3: Move for Default Judgment

After default is entered, the plaintiff must move for a default judgment. The procedure depends on the nature of the claim:

Liquidated (Sum Certain) Claims

For claims involving a fixed, calculable sum — such as a promissory note or unpaid invoice — the plaintiff may seek default judgment from the court clerk by submitting an affidavit of the amount due, together with supporting documentation.

Unliquidated Claims

For claims where damages must be proven — such as breach of contract with consequential damages, or tort claims — the court will typically schedule a proof hearing (sometimes called a damages hearing). At this hearing, the plaintiff presents evidence of damages, and the court enters judgment in the proven amount.

Step 4: Enforce the Judgment

A default judgment is a court order requiring the defendant to pay. If the defendant does not voluntarily pay, the judgment can be enforced through:

• Wage garnishment — attaching a portion of the defendant's wages
• Bank levy — freezing and seizing funds from the defendant's bank account
• Judgment lien — placing a lien on the defendant's real property in New Jersey
• Till tap / keeper levy — for business defendants, seizing cash from the business

New Jersey judgments are valid for 20 years and can be renewed. Interest accrues on unpaid judgments at the New Jersey post-judgment interest rate.

Can a Default Judgment Be Vacated?

Yes. Under New Jersey Court Rule 4:43-3 and Rule 4:50-1, a defendant may move to vacate a default or default judgment by showing:

1. Good cause for the failure to answer (excusable neglect)
2. A meritorious defense to the plaintiff's claims

Courts apply a liberal standard for vacating defaults in the interest of deciding cases on the merits. However, the longer a defendant waits to move to vacate, the harder it becomes. If you have obtained a default judgment and the defendant moves to vacate it, you need experienced counsel to oppose that motion.

Practical Tips

• Document service meticulously. Use a licensed process server and obtain a detailed affidavit of service.
• Act promptly. Do not wait months after the answer deadline to request entry of default — courts notice delay.
• Prepare for a proof hearing. Even in default, you must prove your damages with competent evidence. Gather contracts, invoices, communications, and any expert opinions needed to establish your loss.
• Search for assets before filing. A judgment is only as good as the defendant's ability to pay. Before investing in litigation, conduct an asset search to confirm the defendant has collectible assets.

© 2024 Ibrahim Ahmed Law Group, P.C. All rights reserved. Original content — unauthorized reproduction prohibited. This article is for general informational purposes only and does not constitute legal advice.