What Happens If Defendant Is Defaulted On A Complaint Or If Plaintiff Is Defaulted On A Counterclaim In A New Jersey Small Claims Section, Special Civil Part Case?
If a defendant is defaulted at trial for failure to appear and to defend the New Jersey small claims section case or if plaintiff is defaulted for failure to appear and to defend against a counterclaim, then no trial will occur (unless the New Jersey Small Claims Section, Special Civil Part vacates the default) and the party winning the judgment usually has a certain time frame from the date of the entry of default to file additional paperwork with the New Jersey Small Claims Section, Special Civil Part to seek a default judgment against the losing party. In some cases, securing a default judgment only requires the winning party to submit paperwork, while in other cases, the plaintiff has to prepare and file a motion and the New Jersey Small Claims Section, Special Civil Part may require the plaintiff and defendant to appear at a court hearing a proof hearing.
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