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Obtaining a Default Judgment

Superior Court of New Jersey Special Civil Part Small Claims and Regular Special Civil Part Cases

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 defendants 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.

After a default judgment has been entered in the court record, the Special Civil Part Clerks 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.

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 defendants status, you may not use this form.

2) If you know the defendants Social Security Number or date of birth, contact the Department of Defense Manpower Data Center (DMDC) via their website or contact number (703) 696-6762. 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 defendants 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, drivers license number, or other information to properly identify the individual in question.

Air Force Worldwide Locator

HQ AFPC/DS1W
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, 7:00 A.M. - 4:00 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
http://www.marines.mil/
Hours: Weekdays, 8:00 A.M. - 4:00 P.M. C.S.T.

U.S. Coast Guard

Commander, Personnel Service Center (PSD-MR) MS7200
US Coast Guard Stop 4200
Wilson Blvd, Suite 1100

Arlington, VA 20598-7200 (866) 634-0574

http://www.uscg.mil/psc/adm/adm3/locator/

Department of the Army

ONLINE REQUESTS ONLY

http://www.servicememberscivilreliefact.com/

Follow the online prompts to register.

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.

Certification of Proof

The Certification of Proof 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: No information required. This is a statement which you are certifying by your signature to be true.

Line 3: No information required. This is a statement which you are certifying by your signature to be true.

Line 4: Fill in the address of the defendant/judgment debtor. You are also required to specify how

Line 5:

you have personal knowledge that this is the defendants 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:

  • 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.

  • 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 Clerks Office.

No information required. This is a statement which you are certifying by your signature to be true.

STEP 4: Send completed form, with all attachments, to the Special Civil Part Clerks Office.

Affidavit of Non-Military service 1:5-7. Non-Military Affidavit

Before entry of judgment by default, an affidavit, which may be filed as part of the affidavit of proof, shall be filed as required by law setting forth facts showing that the defendant is not in military service. Unless based on facts admissible in evidence, the affidavit shall have attached to it a statement from the Department of Defense or from each branch of the armed forces that the defendant is not in the military service. If the plaintiff is unable to determine whether the defendant is in military service, the affidavit shall so state, and the court, before entering judgment, may require the plaintiff to post a bond in an amount approved by the court to indemnify the defendant, if later found to have been in military service, against any loss or damage resulting from the judgment should it be set aside. The bond shall remain in effect until expiration of the time for appeal and setting aside of the judgment.

Docketing a Special Civil Judgment

If you or a special civil part officer cannot collect the money due you on the judgment, your attorney can have the judgment from the Special Civil Part recorded in the Superior Court Clerks Office in Trenton. Once your judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid. It will also be noted on their credit report.

To record a judgment, you can hire attorney to request a Statement for Docketing from the Clerk of the Special Civil Part in the county where the case was heard. Ken Vercammens office uses form Special Civil- need statement for docketing.

This is sent to the County Special Civil Part office.

When we get form back from Special Civil Part, we need to fill in amount due, interest, total judgment

Then date and sign

The Statement for Docketing must be filed with the

Clerk of the Superior Court,

Hughes Justice Complex,

P.O. Box 971,

Trenton, N.J. 08625.

The fee for filing a Statement for Docketing is $35, payable to the Treasurer, State of New Jersey. There is no fee in the Special Civil Part for issuing the Statement for Docketing . Once docketed, future efforts to collect a judgment originally awarded in the Special Civil Part must be made through the sheriffs office in the county where the debtors assets are located. If assets are located in another state, you need to domesticate the judgment in that other state. Procedures vary from state to state.

Be sure to send 2 copies of the Statement for Docketing along with a self-addressed envelope.

The phone number of Clerk of the Superior Court is (609) 421-6100 if you have any questions.

   
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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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