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Default By Clerk? What Now?

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Location: New Jersey

Yes, I understand anyone who answers may be a lawyer, but you are NOT my lawyer.

That said, I'm not sure what to expect or how to proceed. I tried to retain a lawyer but couldn't afford one.

Here's what's going on...

  1. Being sued by MCM for debt in NJ. Amount is about $12,000.
  2. I had 35 days to file an answer. I did so on the 35th day at 7:00 pm.
  3. According to the complaint, I had to respond on or before the 35th day, which I did, and received confirmation. However, the case status states, "Default by clerk."
  4. I called the court clerk 3 times and left 2 voicemails since last Wednesday to inquire about the "default by clerk." No one has gotten back to me. As of today (Monday) the case status still says, "default by clerk". It's said this for 6 days now.

  5. I didn't want to waste more time waiting for a response from the clerk, so I filed a motion on Friday night to dismiss the default. In the motion, I stated that the reason to grant dismissal of default was that I filed my answer on time. I also stated that MCM was not acting in good faith because I had sent a letter requesting a proposed settlement amount, assuming the debt was valid, and that request was ignored.

  6. On Saturday, October 31st, I received a USPS note that I had certified mail from the lawyers requiring a signature.

  7. I was not able to go to the post office to pick up the letter due to a lack of transportation today. Hoping I can get to it tomorrow.

What happens now? I don't know what to expect now that I filed a motion regarding the "default by clerk."

submitted by /u/Tinybodybigvoice
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