How do I set aside a default judgment in New Jersey?

1. Governing Rule. N.J. Court Rule 4:43-3 governs setting aside entry of default; Rule 4:50-1 governs relief from a default judgment and parallels Fed. R. Civ. P. 60(b).

2. Grounds. Rule 4:50-1: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence; (c) fraud, misrepresentation, or misconduct; (d) judgment is void; (e) satisfaction or release; (f) any other reason justifying relief. Rule 4:43-3 requires only 'good cause.'

3. Deadline. Rule 4:50-2: reasonable time, and within one year for grounds (a)-(c). Void-judgment motions: any time, subject only to laches.

4. Mandatory vs Discretionary. Discretionary, but the New Jersey Supreme Court favors deciding cases on the merits (Mancini v. EDS, 132 N.J. 330; US Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449).

5. Required Showing. A certification or affidavit demonstrating (a) excusable neglect and (b) a meritorious defense supported by specific facts (proposed answer attached).

6. Filing Procedure. Notice of motion or order to show cause + supporting certification + proposed answer; serve all parties.

7. Bond / Conditions. Court may condition vacatur on payment of costs and reasonable counsel fees.

8. Appeal of Denial. Orders denying Rule 4:50 motions are appealable as of right as final orders under R. 2:2-3(a).

9. Collateral Attack. Judgments void for lack of jurisdiction may be attacked at any time, even collaterally.

This is legal information, not legal advice.