On May 10, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Cach Llc,
and
James R Stephens,
for Contract Dispute
in the District Court of Cape May County.
Preview
CPM DC 000915-17 10/17/2018 Pg 1 of 2 Trans ID: SCP20182369397
SUPERIOR COURT OF NEW JERSEY
CAPE MAY – LAW DIVISION – SPECIAL CIVIL PART
:
Cach, LLC, : Civil Action
:
Plaintiff : DOCKET No.:
v. :
: CPM-DC-915-17
James R. Stephens :
: ORDER
Defendant :
:
:
:
:
THIS MATTER HAVING been brought by Plaintiff, Cach, LLC, against Defendant,
James R. Stephens the Court finds that Plaintiff is entitled to relief.
R. 6:6-1 provides that Part IV Rules, specifically, R. 4:42 (insofar as applicable), R.
4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the
Special Civil Part, except that the requirements of a statement of material facts and
a responding statement contained in R. 4:46-2(a)and (b) shall not apply. R. 6:6-1.
Once a default has been entered against a defendant pursuant to R. 4:43-1, a
plaintiff may subsequently seek to have default judgment be entered against the
defendant pursuant to R. 4:43-2. If the judgment is for a “sum certain,” where the
appropriate proofs are submitted to the clerk, listing the items and dates of the
claim, along with necessary calculations for the items, including interests, then the
clerk may enter default judgment. R. 4:43-2(a). However, for all other matters, the
plaintiff must file a motion to enter default judgment. R. 4:43-2(b). Either upon the
request of the party, or done sua sponte by the Court, a proof hearing may be
required to determine the quantum of damages. Such amount determined cannot
exceed what was claimed in the initial pleading. R. 4:43-2(c).
Plaintiff, Cach, LLC (“Plaintiff,”) certifies that Defendant, James R. Stephens
(“Defendant”) owes Plaintiff $2,753.59, the amount of the extension of credit to the
CPM DC 000915-17 10/17/2018 Pg 2 of 2 Trans ID: SCP20182369397
Defendant. To the best of Plaintiff’s knowledge and belief, the Defendant is not a
minor or mentally incapacitated person. Default was entered against Defendant on
June 19, 2017. Therefore, Plaintiff respectfully requests this Court enter Judgment
Out of Time against Defendant.
IT IS HEREBY ORDERED THAT Plaintiff’s Motion to Enter Judgment Out of Time
is GRANTED.
Accordingly, IT IS ON THIS 17th day of October 2018 ORDERED THAT Plaintiff’s
Motion to Enter Judgment is GRANTED. Plaintiff has provided the Court with a
certification of proof and/or sufficient documentation to support the entry of
judgment pursuant to R. 6:6-3(a) through (c), and Defendant(s) has failed to oppose
the entry of judgment.
IT IS HEREBY ORDERED THAT Judgment be entered in favor of the Plaintiff,
Cach, LLC, and against Defendant, James R. Stephens, in the amount of $2,753.59
plus costs.
IT IS FURTHER ORDERED THAT a copy of this Order be served by the moving
party upon all parties or their attorneys within five (5) days.
The motion is unopposed.
Document Filed Date
October 17, 2018
Case Filing Date
May 10, 2017
Category
Contract Dispute
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CPM DC 000915-17 10/17/2018 Pg 1 of 2 Trans ID: SCP20182369397 SUPERIOR COURT OF NEW JERSEY CAPE MAY – LAW DIVISION – SPECIAL CIVIL PART : Cach, LLC, : Civil Action : Plaintiff : DOCKET No.: v. : : CPM-DC-915-17 James R. Stephens : : ORDER Defendant : : : : : THIS MATTER HAVING been brought by Plaintiff, Cach, LLC, against Defendant, James R. Stephens the Court finds that Plaintiff is entitled to relief. R. 6:6-1 provides that Part IV Rules, specifically, R. 4:42 (insofar as applicable), R. 4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the Special Civil Part, except that the requirements of a statement of material facts and a responding statement contained in R. 4:46-2(a)and (b) shall not apply. R. 6:6-1. Once a default has been entered against a defendant pursuant to R. 4:43-1, a plaintiff may subsequently seek to have default judgment be entered against the defendant pursuant to R. 4:43-2. If the judgment is for a “sum certain,” where the appropriate proofs are submitted to the clerk, listing the items and dates of the claim, along with necessary calculations for the items, including interests, then the clerk may enter default judgment. R. 4:43-2(a). However, for all other matters, the plaintiff must file a motion to enter default judgment. R. 4:43-2(b). Either upon the request of the party, or done sua sponte by the Court, a proof hearing may be required to determine the quantum of damages. Such amount determined cannot exceed what was claimed in the initial pleading. R. 4:43-2(c). Plaintiff, Cach, LLC (“Plaintiff,”) certifies that Defendant, James R. Stephens (“Defendant”) owes Plaintiff $2,753.59, the amount of the extension of credit to the CPM DC 000915-17 10/17/2018 Pg 2 of 2 Trans ID: SCP20182369397 Defendant. To the best of Plaintiff’s knowledge and belief, the Defendant is not a minor or mentally incapacitated person. Default was entered against Defendant on June 19, 2017. Therefore, Plaintiff respectfully requests this Court enter Judgment Out of Time against Defendant. IT IS HEREBY ORDERED THAT Plaintiff’s Motion to Enter Judgment Out of Time is GRANTED. Accordingly, IT IS ON THIS 17th day of October 2018 ORDERED THAT Plaintiff’s Motion to Enter Judgment is GRANTED. Plaintiff has provided the Court with a certification of proof and/or sufficient documentation to support the entry of judgment pursuant to R. 6:6-3(a) through (c), and Defendant(s) has failed to oppose the entry of judgment. IT IS HEREBY ORDERED THAT Judgment be entered in favor of the Plaintiff, Cach, LLC, and against Defendant, James R. Stephens, in the amount of $2,753.59 plus costs. IT IS FURTHER ORDERED THAT a copy of this Order be served by the moving party upon all parties or their attorneys within five (5) days. The motion is unopposed.