CIVIL – SCP
DEFAULT INSTRUCTIONS
MAY 2007
HOW TO REQUEST A DEFAULT JUDGMENT IN THE
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.
WHO SHOULD USE THIS PACKET?
You can use this form 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.
You cannot use this form 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 Special Civil Part Clerk’s
Office or from the internet at www.njcourtsonline.com.
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CIVIL – SCP
DEFAULT INSTRUCTIONS
After a default judgment has been entered in the court record, the Special Civil Part Clerk’s
Office 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 Special Civil Part
Clerk’s Office.
NOTE: These materials have been prepared by the New Jersey Administrative Office of the
Courts for use by self-represented litigants. The guides, 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 at the county courthouse or on the Judiciary’s
Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content
of your court papers.
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CIVIL – SCP
DEFAULT INSTRUCTIONS
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. The telephone number can be found
in your local yellow pages 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. That number can also be
found in your local yellow pages. 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.
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CIVIL – SCP
DEFAULT INSTRUCTIONS
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 are required on the Certification of Proof form
to provide facts that explain how you know that the
person is or is not in the active military service. If
you do not possess this personal knowledge, you
must request and obtain this information from the
sources listed below.
If you have access to the Internet, and you know the
defendant’s Social Security Number, you can obtain
this information from the Department of Defense
Manpower Data Center (DMDC) at:
https://www.dmdc.osd.mil/scra/owa/home.
Note: This website works only if you have the
defendant/debtor’s Social Security Number.
If you do not have the defendant’s Social Security
Number, you must contact each of the five branches
of the military. Your request should contain as
much information as is known about the defendant,
such as their full name, Social Security Number,
date and place of birth, last known address, service
number, rank or grade, or other information to
properly identify the individual in question. The
reason for your request must be included. This
process may take several weeks.
Each request must be accompanied by a fee of $5.20
payable by check or money order, as follows:
Air Force Worldwide Locator
HQ AFMPC/RMIQL
550 C Street, W., Suite 50
Randolph Air Force Base, TX 78150-4752
Make check payable to DAQ-DE
Bureau of Naval Personnel
Navy Personnel Command
PERS-312F
5720 Integrity Drive
Millington, TN 38055-3120
Make check payable to U.S. Treasurer
Commandant of the Marine Corps (MMSB0)
Headquarters U.S. Marine Corps.
Code MMSB-10
2008 Elliot Road, Suite 203
Quantico, VA 22134-5030
Please mark on bottom of envelope “OFFICIAL
BUSINESS.
Make check payable to U.S. Treasurer.
Army Worldwide Locator
US Army Enlisted Records and Evaluation Center
8899 East 56th Street
Fort Benjamin Harris, IN 46249-5301
Make check payable to Finance Officer
U.S. Coast Guard
Coast Guard Personnel Command
2100 Second Street, SW
Washington, DC 20593-0001
Make check payable to U.S. Coast Guard
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
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CIVIL – SCP
DEFAULT INSTRUCTIONS
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. Please type
or print carefully.
Line 1: Fill in the name of the person who has
personal knowledge of the facts of the case.
Line 2: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 3: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 4: Fill in 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.
Line 5: If defendant/judgment debtor is a business,
this line is not to be filled in. Fill in only if
the default judgment is to be entered against
an individual. Fill in with the facts that
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 had
to contact the five branches of the military
directly, attach a copy of the statement you
received from each branch.
Line 6: Fill in the specific dollar amount for the
default judgment requested, breaking the
total amount down by:
a) The 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.
b) court costs: filing fees paid by the
plaintiff to date. If you do not know the
total of the filing fees you have paid,
this information can be obtained from
the Special Civil Part Clerk’s Office.
Line 7: No information required. This is a statement
which you are certifying by your signature
to be true.
• Insert the date, your
signature and print your
full name.
STEP 4: Send completed form, with all
attachments, to the Special Civil Part Clerk’s
Office. There is no filing fee for the request
for default judgment.
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Superior Court Of New Jersey
Law Division, Special Civil Part
County
Your Name
Docket No.
Street Address
City, State, Zip
Telephone Number
Plaintiff’s Name(s)
vs.
Defendant’s Name(s)
CERTIFICATION OF PROOF
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 (check one) 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 $ .
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CERTIFICATION OF PROOF
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.
Dated: Signature:
Type or Print Name
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