Hello, welcome to the Canada for Camel Office Legal Podcast. Today, we will be discussing default judgments and docketing procedures. In civil suits, the attorney prepares the complaint and summons. For special civil part cases under $15,000, the court sends the summons and complaint to the defendants via certified and regular mail. In the Law Division, the defendant is personally served by a sheriff or a licensed constable. In special civil part cases, the defendant has 35 days to file a written answer and pay the filing fee. Failure to do so within 35 days results in a computer default. To proceed, the plaintiff's attorney must then prepare an affidavit of non-military service. This requires checking the Department of Defense website to confirm the defendant's military status. The affidavit is sent to the plaintiff to establish why the defendant is not in the military, as mandated by federal law in all states, including New Jersey. If the amount owed is easily determined, such as in a loan agreement or for a specific amount, the attorney can prepare a certification of proof and attach relevant evidence like receipts or canceled checks. However, in cases where the owed amount is uncertain, a scheduled proof hearing is required. The affidavit of military service is submitted, and the court schedules the proof hearing. At the hearing, the plaintiff presents all their evidence, akin to a trial. However, there is no cross-examination from the defendant. The plaintiff must convince the judge why they are owed a specific amount. If the judge rules in favor of the plaintiff, indicating the owed amount, the plaintiff, specifically in special civil part cases, can request wage garnishment or the confiscation of owned assets to satisfy the debt. This can be a significant undertaking, especially if the defendant resides out of state. In...
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New jersey special civil part answer Form: What You Should Know
B or C. The court shall consider all documents filed in the Special Civil Part by the plaintiff prior to trial. The court shall hold a hearing on or before the day and time of the commencement of trial. The court shall receive and consider the testimony of the plaintiff in relation to each complaint and answer. The court shall require the plaintiff to provide a copy of each witness' affidavit. The court shall consider all evidence introduced at trial and such other evidence as the court may require. The court shall determine whether the pleadings are sufficient in form, as to each element of the complaint. The motion shall be returnable in the Special Civil Part on the trial date, answer the appropriate standard set of interrogatories set forth in Forms A, B or C. The court shall consider all documents filed in the Special Civil Part by the plaintiff prior to trial. The court shall hold a hearing on or before the day and time of the commencement of trial. The court shall receive and consider the testimony of the plaintiff in relation to each complaint and answer. The court shall require the plaintiff to provide a copy of each witness' affidavit. The court shall consider all evidence introduced at trial and such other evidence as the court may require. The court shall determine whether the pleadings are sufficient in form, as to each element of the complaint. The court's hearing may involve testimony by the alleged violator, witnesses representing the court, the parties or their representatives, and such other witnesses as the court may require.  The court may subpoena other individuals and entities for their assistance during trial. The court must determine the amount of each claim and the legal existence of each claim, and such other claims as the court may determine, and may require discovery of, witnesses, documents, and other information related to each claim. If the court finds an undisputed material fact of fact relating to a claim, the court shall enter a favorable order upon the motion and determine the amount of the claim, and whether the defendant is liable in any manner. The court has the discretion to allow a defendant to pay an administrative surcharge instead of a jury verdict. The court may award the cost of filing, the cost of conducting the trial and the award of attorney fees and other litigation costs on an amount not to exceed 150,000. The amount of a party's administrative surcharge. Is a function of the court. The court may enter judgments against the party for the balance when a party's administrative surcharge exceeds the applicable limit above.
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