West New York, NJ asked in Real Estate Law for New Jersey

Q: Filed a complaint in the court for non refund of deposit and defendant did not answer.

Filed a complaint in the court for non refund of deposit and defendant did not answer in 35 days and court entered default. Defendant's counsel filed a motion to vacate the default to anser the complaint out of time which was granted by judge with a note to submit the answer in 10 days. Defendant counsel did not file an answer even after 19 days and in the mean time court initiated mediation and appointed a mediator. Now that defendants violated the order to answer out of time the default still exist? If so do still have to go through mediation. My attorney says he will prepare the discovery and will be ready for mediation and the violation court will deal. What's the right thing to do now?

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: Since you are represented by counsel, all questions must be directed to your attorney. It would be inappropriate for anyone else to comment.

Morris Leo Greb
Morris Leo Greb
  • Rockaway, NJ
  • Licensed in New Jersey

A: Your attorney may decide to make application to the court to vacate the Judge's vacation of the default; or, alternatively file a new default motion.

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