West New York, NJ asked in Civil Litigation for New Jersey

Q: Filed a complaint in the court for non refund of deposit and defendant failed to answer twice.

My attorney do not want to file an application to the court to vacate the Judge's vacation of the default or file a new default motion? He says court will take care of the defendants violation of order. Find below the details. How to deal with it?

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 answer 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.

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1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Since you are represented by counsel, you must direct all questions to your own attorney.

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