Fill - Free fillable How To Request A Default Judgment (NJ Judiciary) PDF form

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 1 of 6

Civil – SCP

Default Judgment

September 2018

How to Request a Default Judgment

Superior Court of New Jersey – Special Civil Part

Small Claims and Regular Special Civil Part Cases

Who Should Use This Packet?

If you sue someone by filing a complaint against him or her, that person (the defendant) is required to either

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.

Use this packet if:

 The request for a default judgment is submitted to the court within six months from the date that

default was entered against the defendant. If you are unsure of this date, contact the staff of the

Special Civil Part.

DO NOT use this packet if:

 More than six months have gone by from the date of the entry of default.

 Default was entered because the defendant’s answer was dismissed.

 The defendant’s answer was stricken for failure to answer interrogatories (a set of legal questions

served upon the defendant and required to be answered).

 This is a repossession case.

 You are unable to prove that the defendant is not on active duty in the military.

If you cannot use this form, you are required to file a motion. A motion requires a decision by a judge.

Forms and instructions to file a motion are available from the Office of the Special Civil Part or from the

Internet at njcourts.gov.

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 2 of 6

After a default judgment has been entered in the court record, the Office of the Special Civil Part 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. If you do not receive the money that is owed you, court staff

can tell you about several ways you can to try to collect it. Forms and brochures explaining the

collection process are available at the Office of the Special Civil Part.

With limited exceptions, any paper filed with the court can be looked at by the public. You may only file a

motion on behalf of yourself. You may not file a motion for anyone else. A Power of Attorney does not allow

you to file on behalf of anyone else. Motions filed on behalf of anyone else will be returned.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by

self-represented litigants. The instructions and forms will be periodically updated as necessary to reflect

current New Jersey statutes and court rules. The most recent version of the forms will be available on the

Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content of your court

papers.

Civil – SCP - Default Judgment

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 3 of 6

Things to Think About Before You Try to Represent Yourself In Court

Try to Get a Lawyer

The court system can be confusing and it is a good

idea to get a lawyer if you can. If you cannot afford

a lawyer, you may contact the legal services

program in your county to see if you qualify for free

legal services. Their telephone number can be

found online under “Legal Aid” or “Legal

Services.”

If you do not qualify for free legal services and need

help in locating an attorney, you can contact the bar

association in your county. Most county bar

associations have a Lawyer Referral Service. The

county bar lawyer referral service can supply you

with the names of attorneys in your area willing to

handle your particular type of case and will

sometimes consult with you at a reduced fee.

There are also a variety of organizations of minority

lawyers throughout New Jersey, as well as

organizations of lawyers who handle specialized

types of cases. Ask your county court staff for a list

of lawyer referral services that include these

organizations.

What You Should Expect If You Represent

Yourself

While you have the right to represent yourself in

court, you should not expect special treatment, help,

or attention from the court. The following is a list

of some things the court staff can and cannot do for

you. Please read it carefully before asking the court

staff for help.

 We can explain and answer questions about

how the court works.

 We can tell you what the requirements are to

have your case considered by the court.

 We can give you some information from your

case file.

 We can provide you with samples of court

forms that are available.

 We can provide you with guidance on how to

fill out forms.

 We can usually answer questions about court

deadlines.

 We cannot give you legal advice. Only your

lawyer can give you legal advice.

 We cannot tell you whether or not you should

bring your case to court.

 We cannot give you an opinion about what will

happen if you bring your case to court.

 We cannot recommend a lawyer, but we can

provide you with the telephone number of a

local lawyer referral service.

 We cannot talk to the judge for you about what

will happen in your case.

 We cannot let you talk to the judge outside of

court.

 We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep for yourself copies of all completed

forms and any canceled checks, money orders, sales

receipts, bills, contract estimates, letters, leases,

photographs, and other important documents that

relate to your case. Bring all documents to court if

you are notified that an appearance is necessary.

Civil – SCP - Default Judgment

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 4 of 6

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) You may contact the Department of Defense

Manpower Data Center (DMDC) via their

website. In order to do so, you must know the

defendant's Social Security Number or date of

birth. In order to access 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://scra.dmdc.osd.mil

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.

STEP 3: Complete and Sign the attached form:

Certification of Proof

The attached 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.

STEP 4: Send completed form, with all

attachments, to the Office of the Special Civil

Part.

Civil – SCP - Default Judgment

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 5 of 6

Instructions for Completing the Certification of Proof (Form A)

1. At the top left of the form, enter your name, address, and daytime phone number. Make sure to

check the box if your address and/or phone number have changed since the initial filing. If you are

not an attorney, leave the Attorney ID field blank.

2. On the line labeled Plaintiff(s), type or print the plaintiff’s name.

3. On the line labeled Defendant(s), enter the name(s) of the defendants listed on the complaint.

4. On the line labeled County, enter the county where you are filing this case.

5. On the line labeled Docket Number, enter the docket number. This information can be found on the

post card that you received in the mail from the court.

6. To the right of item 1, enter the name of the person who has personal knowledge and is swearing to

the facts of the case.

7. For items 2 and 3, no information required. This is a statement, which you are certifying by your

signature to be true.

8. In the space after item 4, enter the address of the defendant/judgment debtor. You are also required

to specify how you have personal knowledge that this is the defendant’s address,

9. Only complete Item 5 if the default judgment is against an individual, if defendant/judgment debtor

is a business, SKIP THIS ITEM. For a default judgment against an individual, select the

appropriate checkbox ( is is not on active duty). On the lines below that statement, list all facts

and 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 contacted the five branches

of the military directly, attach a copy of the statement you received from each branch.

10. Enter the specific dollar amount for the default judgment requested, in item 6 after the text that reads

owes the total amount of.

 For item 6a list he 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.

 For item 6b, enter the court costs (filing fees paid by the plaintiff) to date. If you do not

know the total of the filing fees you have paid, the Office of the Special Civil Part can

provide this information.

11. For item 7, no information required. This is a statement, which you are certifying by your signature

to be true.

12. Date and sign the form, and print your name under the signature. Note: when you fill out this form,

you are certifying that the statements made on the form are true. If you willfully make false

statements, you may be subject to punishment.

Revised 09/19/2018, CN 10914 (How to Request a Default Judgment) page 6 of 6

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore,

do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy

number, active financial account number, or active credit card number.

Name

Check if new address/phone number

NJ Attorney ID Number

Address

Daytime Telephone

Superior Court of New Jersey

Law Division

County

Docket Number:

Plaintiff(s)

Certification of Proof

Defendant(s)

1. , being duly sworn upon his/her oath deposes and says:

2. I am fully familiar with all of the facts and all of the proceedings in the above matter.

3. The defendant/debtor is not a minor and is not a mentally incapacitated person.

4. The defendant/debtor’s address is , and I am

aware that the defendant’s/debtor’s address or business location is at this location because:

(state why and provide the source of your knowledge)

5. I am aware that the defendant(s) / debtor(s) (for individuals only) in the above matter is is not

on active duty in the military service of the United States at the present time because:

(state why and provide the source of your knowledge)

6. The defendant(s)/debtor(s) owes the total amount of $ . This amount is based upon the following, after

giving the defendant(s) all the credits due:

a) Principal amount due $ , pre-judgment interest (where applicable) in the amount of

$ , the date of the defendant’s breach was , and the document of obligation that

provides for the rate of pre-judgment interest is attached.

b) Court costs in the amount of $ .

7. This is not a repossession case.

I have attached/ the documentation to support the entry of this default judgment.

I certify that the foregoing statements made by me are true. If any of the foregoing statements made by me are false, I am

subject to punishment.

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