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New Jersey Motion to Set Aside a Default Judgment

Set aside a New Jersey default judgment under Court Rule 4:50-1. Show excusable neglect plus a meritorious defense, and file within a reasonable time, capped at one year.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so you can reopen the case and defend it on the merits. New Jersey handles this in two stages keyed to how far the case has gone. Before a judgment is entered, an entry of default (the clerk's notation that you did not answer) is vacated under Court Rule 4:43-3 on the more lenient 'good cause shown' standard. Once a default judgment has actually been entered, you use the stricter Court Rule 4:50-1, which lets the court grant relief for mistake, inadvertence, surprise, or excusable neglect. To set aside a default judgment on that ground, New Jersey case law requires you to show both excusable neglect for the default and a meritorious defense, meaning a real defense worthy of the court's consideration. Under Rule 4:50-2 the motion must be made within a reasonable time, and for that ground no more than one year after the judgment was entered. If the judgment is void, most often because you were never properly served, Rule 4:50-1(d) applies and the one-year cap does not, though you must still move within a reasonable time. DocDraft drafts a New Jersey motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In New Jersey you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    New Jersey splits set-aside into two rules. A pre-judgment entry of default is vacated under Court Rule 4:43-3 for 'good cause shown,' a more lenient standard than the one that applies once a default judgment has been entered.

  3. 3

    Once a default judgment is entered, the governing rule is Court Rule 4:50-1. The main ground is subsection (a): mistake, inadvertence, surprise, or excusable neglect that caused you to miss the deadline to answer.

  4. 4

    Under Court Rule 4:50-2 the motion must be made within a reasonable time, and for grounds (a), (b), and (c) no more than one year after the judgment was entered. The one year is an outer limit, not a grace period, so file as soon as you can.

  5. 5

    To set aside a default judgment under Rule 4:50-1(a), New Jersey case law requires two things: excusable neglect for the default and a meritorious defense, meaning a genuine defense worthy of the court's consideration.

  6. 6

    If you were never properly served, the judgment may be void and set aside under Rule 4:50-1(d). The one-year cap of Rule 4:50-2 does not apply to a void judgment; you must still move within a reasonable time.

  7. 7

    When you move to vacate an entry of default under Rule 4:43-3, the motion must be accompanied by your proposed answer with a Case Information Statement (or a dispositive motion) and the filing fee for it, which is returned if the motion to vacate is denied.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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SUPERIOR COURT OF NEW JERSEY LAW DIVISION, [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Docket No.: [DOCKET NUMBER]

NOTICE OF MOTION TO SET ASIDE DEFAULT JUDGMENT; CERTIFICATION IN SUPPORT

[N.J. Court Rule 4:50-1]

TO: [PLAINTIFF OR PLAINTIFF'S ATTORNEY] AND THE CLERK OF THE SUPERIOR COURT:

PLEASE TAKE NOTICE that on [MOTION DATE], or as soon thereafter as counsel may be heard, Defendant [DEFENDANT NAME] will move before this Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to file the proposed Answer submitted with this motion.

MOTION

Defendant moves under N.J. Court Rule 4:50-1 on the following grounds:

  1. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to answer].

  2. Under Rule 4:50-1(a), the failure to respond was the result of excusable neglect, namely [state the reason the deadline was missed].

  3. This motion is made within a reasonable time and, as required by Rule 4:50-2, no more than one year after entry of the judgment.

  4. Defendant has a meritorious defense worthy of the Court's consideration: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. The proposed Answer setting out this defense is submitted with this motion.

  5. [If applicable: The judgment is void under Rule 4:50-1(d) because Defendant was never properly served, and the one-year limit of Rule 4:50-2 does not apply to a void judgment.]

CERTIFICATION

I, [CERTIFYING PARTY NAME], of full age, certify as follows: [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the facts supporting the meritorious defense.] I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: [DATE]

[CERTIFYING PARTY NAME]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court enter an order setting aside the default judgment entered on [DATE], permitting Defendant to file the attached Answer, and granting such other relief as the Court deems just and proper.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Self-Represented Defendant

PROOF OF SERVICE

I certify that on [DATE] I served a copy of the foregoing notice of motion, certification, and proposed Answer on [PLAINTIFF OR PLAINTIFF'S ATTORNEY] by [method of service], in accordance with the New Jersey Court Rules.

[NAME OF PERSON SERVING]

[Note: If you are moving to vacate an ENTRY of default (before a judgment was entered) under Rule 4:43-3, the motion must be accompanied by your Answer with a Case Information Statement or a dispositive motion, plus the filing fee for it, which is returned if the motion is denied. Confirm the current filing fee and format with your court.]

New Jersey Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, capped at one year

Under Court Rule 4:50-2 the motion must be made within a reasonable time, and for grounds (a) excusable neglect, (b) newly discovered evidence, and (c) fraud, no more than one year after the judgment was entered. The one year is an outer limit; file as soon as you can.

Know the void-judgment exception to the one-year cap

If the judgment is void under Rule 4:50-1(d), the one-year cap of Rule 4:50-2 does not apply. You must still move within a reasonable time, but the motion is not limited to one year from entry of the judgment.

State the ground under Rule 4:50-1(a)

Identify the ground for relief: mistake, inadvertence, surprise, or excusable neglect under Rule 4:50-1(a), and explain the facts. The court weighs whether the neglect that caused the default was excusable under the circumstances.

Show a meritorious defense

New Jersey case law requires you to show a meritorious defense worthy of the court's consideration in addition to excusable neglect. Set out the real defense you would raise if the case is reopened.

Check whether the judgment is void for lack of service

If you were never properly served, the judgment may be void and set aside under Rule 4:50-1(d). Because a void judgment is not subject to the one-year cap, this path can be available when the excusable-neglect deadline has passed.

Attach the proposed answer and filing fee for an entry of default

When vacating an entry of default under Rule 4:43-3, the motion must be accompanied by your answer with a Case Information Statement (or a dispositive motion) and the filing fee for it, which is returned if the motion to vacate is denied.

Prepare a supporting certification

Support the motion with a certification stating the facts of the mistake or excusable neglect, when you learned of the judgment, and the facts supporting your meritorious defense. The certification affirms the statements are true under penalty for willful falsehood.

File in the Superior Court and complete proof of service

File in the Superior Court of New Jersey in the vicinage (county) and division where the case is pending, under the same docket number, and serve the motion, certification, and proposed answer on the plaintiff. Confirm the filing method and fee with your court.

Frequently Asked Questions

It is a request asking a New Jersey court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. Once a default judgment is entered, the governing rule is Court Rule 4:50-1, and the main ground is mistake, inadvertence, surprise, or excusable neglect.

New Jersey keeps the two stages separate. An entry of default is the clerk's notation that you did not answer, and it is vacated under Court Rule 4:43-3 for 'good cause shown,' a more lenient standard. A default judgment is the later judgment that decides the case, and it is vacated under the stricter Court Rule 4:50-1, which requires excusable neglect plus a meritorious defense and is capped at one year.

Under Court Rule 4:50-2 the motion must be made within a reasonable time, and for grounds (a) excusable neglect, (b) newly discovered evidence, and (c) fraud, no more than one year after the judgment was entered. The one year runs from entry of the judgment. Even within that year the motion must still be filed within a reasonable time, so act promptly.

For a Rule 4:50-1(a) motion, New Jersey case law requires two things. First, excusable neglect: a good reason you missed the deadline to answer. Second, a meritorious defense: a genuine defense worthy of the court's consideration if the case is reopened. The court looks for both, so your motion should explain the neglect and set out the defense you would raise.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A void judgment is set aside under Court Rule 4:50-1(d). The one-year cap in Rule 4:50-2 does not apply to a void judgment, so this path is not limited to one year, though you must still move within a reasonable time.

For a motion to vacate an entry of default under Court Rule 4:43-3, yes. The motion must be accompanied by either your answer with a Case Information Statement or a dispositive motion, plus the filing fee for it, which is returned if the motion to vacate is denied. Attaching the proposed answer also shows the meritorious defense the court expects to see.

You file it in the Superior Court of New Jersey in the vicinage (county) where the case is pending, in the division handling the matter, under the same docket number as the underlying case. The motion is typically a notice of motion supported by a certification stating the facts. Check your court's rules and local practice for the filing method and the fee.