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 defendant’s 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 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 defendant’s status, you may not use this form.
2) If you know the defendant's 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 defendant’s 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, driver’s license number, or other information to properly identify the individual in question.
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.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
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 defendant’s 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 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 defendant’s status, you may not use this form.
2) If you know the defendant's 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 defendant’s 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, driver’s license number, or other information to properly identify the individual in question.
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.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
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