Norman D. Cox, Jr. v. The Money Source, Inc.
DueProcess
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?
QUESTION(S) PRESENTED 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? Yes. 2. Did the Trial Court err in or abuse it’s discretion in failing to vacate the default judgment on the grounds of 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. Yes. 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)? Yes. PARTIES TO PROCEEDING AND RELATED ; CASES ; [X] All parties do not appear in the caption of the case cover page. A list of all