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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.

To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.

If the money is not collected (liens) Request to have the judgment recorded as a lien against any real estate the debtor owns. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

Filing a Lawsuit (Plaintiffs) When filing a lawsuit, you need to complete the packet ?How to File a Complaint in the Superior Court of New Jersey Law Division ? Civil Part?. The packet includes instructions for filing and the complaint form. The complaint needs to name the party or parties you are filing against.

$50 for a complaint where the amount claimed is $5,000 or less. $75 for a complaint where the amount claimed is more than $5,000. $5 for each additional defendant. The fee is $7 for each defendant served by certified and regular mail.

If a defendant does not respond within the 35 days, the Court will enter a default. The plaintiff can apply to the Special Civil Part Office for the entry of a ?judgment by default? within 6 months from the date that default was entered.