No. 19-652

Norman D. Cox, Jr. v. The Money Source, Inc.

Lower Court: New Jersey
Docketed: 2019-11-20
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion civil-procedure civil-procedure-default-judgment default-judgment due-process excusable-neglect newly-discovered-evidence r-4-50-1-a service-of-process traverse-hearing
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Did the Trial Court err in or abuse it's discretion by entering default judgment against Petitioner based upon the Respondent's defective Service of Process that was served upon "Neville Cox" (of no relations to Appellant) without first conducting a traverse hearing?

2. Did the Trial Court err in or abuse it's discretion in failing to vacate the default judgment on the grounds ef newly discovered evidence by overlooking the laws and facts? Petitioner was never served the notice of complaint and did not know that an action had risen to the level of Default.

3. Has the Trial Court erred or abused it's discretion in failing to vacate or set aside the default judgment on the grounds of excusable neglect pursuant to R. 4:50-1(a)?

Question Presented (AI Summary)

Did the Trial Court err in or abuse its discretion by entering default judgment against Petitioner based upon the Respondent's defective Service of Process that was served upon 'Neville Cox' (of no relations to Appellant) without first conducting a traverse hearing?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-17
Waiver of right of respondent The Money Source, Inc. to respond filed.
2019-09-11
Petition for a writ of certiorari filed. (Response due December 20, 2019)

Attorneys

Norman D. Cox
Norman D. Cox — Petitioner
The Money Source, Inc.
Frank GiglioThe Money Source, Inc., Respondent