Q: How to appeal a granted default judgement while my motion to vacate was denied at the same time based on paper?
I've been in a fee dispute, was sued at Special Civil Part in Monmouth. I responded as pro se. I didn't go to a 9/5/17 trial as I had never received the court notice.
The plaintiff filed a motion for default. I (mistakenly) filed a motion to vacate as response, simply stating I had never received the trial notice and requesting for a new trial date. I marked "no oral argument" thinking the court wouldn't deny me a chance to argue my case. The clerks at court info center assured me that I did the right procedure even when I specifically questioned the fact that no default entered yet at the time of my filing.
I was surprised on 11/8/17 that the judge on 11/15/17 granted default AND denied my motion at the same time for "having not provided the Court with an explanation as to why Defendant was unaware of ...".
What should I do now? It's unfair to deny opportunity to argue my case OR present evidence why not being served. Can they garnish my bank accounts, wage, ... now?
A: File the motion again but put more information in it. Also do it as order to show cause.
1 user found this answer helpful
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