NJSBA Family Law Section

Good Evening,

A PC came to my office. He was served with a Complaint and failed to answer. The Plaintiff filed for a default hearing, which is scheduled later this month. How can I go about removing the case from the default calendar? Do I simply file and serve an answer? Is there any need to contact the Court directly?

Thank you in advance for your anticipated responses.
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Karla George-Pettaway
New York NY
(212)203-1434
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I would reach out to the Plaintiff's attorney and see if he/she will agree to vacate the default. You will need a consent order and extension of time to file your Answer. If they will not agree, you need to file a motion to vacate the default. The Court will not accept the answer at this time.



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Philip Burnham Esq.
Marlton NJ
(856)751-5505
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Original Message:
Sent: 09-09-2014 20:13
From: Karla George-Pettaway
Subject: Default Hearing

Good Evening,

A PC came to my office. He was served with a Complaint and failed to answer. The Plaintiff filed for a default hearing, which is scheduled later this month. How can I go about removing the case from the default calendar? Do I simply file and serve an answer? Is there any need to contact the Court directly?

Thank you in advance for your anticipated responses.
-------------------------------------------
Karla George-Pettaway
New York NY
(212)203-1434
-------------------------------------------

Original Message------

Good Evening,

A PC came to my office. He was served with a Complaint and failed to answer. The Plaintiff filed for a default hearing, which is scheduled later this month. How can I go about removing the case from the default calendar? Do I simply file and serve an answer? Is there any need to contact the Court directly?

Thank you in advance for your anticipated responses.
-------------------------------------------
Karla George-Pettaway
New York NY
(212)203-1434
-------------------------------------------

Some courts require a motion to vacate default even with consent. It depends on the judge. I agree with the above comments though, even if the court requires a motion to vacate default, having the adversary's consent can only help your case.

Give your client a head's up - if you have to file a motion to vacate default, expect that the court will order some counsel fees to be paid to the other side.

Original Message------

Good Evening,

A PC came to my office. He was served with a Complaint and failed to answer. The Plaintiff filed for a default hearing, which is scheduled later this month. How can I go about removing the case from the default calendar? Do I simply file and serve an answer? Is there any need to contact the Court directly?

Thank you in advance for your anticipated responses.
-------------------------------------------
Karla George-Pettaway
New York NY
(212)203-1434
-------------------------------------------

Original Message------

Some courts require a motion to vacate default even with consent. It depends on the judge. I agree with the above comments though, even if the court requires a motion to vacate default, having the adversary's consent can only help your case.

Give your client a head's up - if you have to file a motion to vacate default, expect that the court will order some counsel fees to be paid to the other side.

On Sep 9, 2014 8:13 PM, "Karla George-Pettaway via New Jersey State Bar Association" < [email protected] > wrote:

NJSBA | Communities | All Discussions | All Discussions | Family Law Default Hearing   You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Original Message------

your motion has to be supported by the certification of your client testifying as to why he did not respond in a timely fashion to the complaint and also setting forth his defenses to the complaint or at least what issues he wishes to actively address by participating in the proceedings. 

Sent from my Verizon Wireless 4G LTE smartphone

How about a situation where the defendant failed to answer the complaint, and
failed to show up at the default hearing or do anything else? The judgment of
divorce was issued recently. Can this still be vacated? The judgment is
largely in favor of the plaintiff, of course.

--
Sincerely,
J. Tyrpa


Quoting Alice Plastoris via New Jersey State Bar Association


Original Message------

the rule requires a proposed form of Answer be attached to the motion to vacate default.  the proposed order should vacate default and allow defendant to file answer.  Gary and out other esteemed colleagues are correct that your client's certification must state why he did not answer timely. Look at the Court Rule and the cases in the annotations for the law. while default is to be vacated liberally (due process is important rather win by technicality) you must have good reason for not timely answering.

Alice M. Plastoris, Esq.

[email protected]

(973) 538-7070

Sent from my iPad

THIS IS A CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION.

Original Message------

How about a situation where the defendant failed to answer the complaint, and
failed to show up at the default hearing or do anything else? The judgment of
divorce was issued recently. Can this still be vacated? The judgment is
largely in favor of the plaintiff, of course.

--
Sincerely,
J. Tyrpa


Quoting Alice Plastoris via New Jersey State Bar Association

Original Message------

How about a situation where the defendant failed to answer the complaint, and
failed to show up at the default hearing or do anything else? The judgment of
divorce was issued recently. Can this still be vacated? The judgment is
largely in favor of the plaintiff, of course.

--
Sincerely,
J. Tyrpa


Quoting Alice Plastoris via New Jersey State Bar Association