Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default
The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the divorce, we were in the midst of another court proceeding concerning custody and support, which is why I needed more time. That matter involved multiple mediation sessions. I have the date for the default and was wondering if it was proper to upload/file my Answer prior to the hearing date, or did I need to file a motion to set aside the default?
A: You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with court filing material to support your claims ( facts only) and ask that you be permitted to file your answer out of time. Dont know when default was entered against you but presumably you were served with it so the clock is running against you
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A: You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered (figuratively speaking). You need to retain an experienced matrimonial attorney to represent your interests in this matter. You are also emotionally involved. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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