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

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-3679-17T4 · judgment March 4, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions 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 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. 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.

Counsel of record

For petitioner
Norman D. Cox

For respondent
Frank Giglio
The Money Source, Inc.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 17 2019
    Waiver of right of respondent The Money Source, Inc. to respond filed.
  4. Sep 11 2019
    Petition for a writ of certiorari filed. (Response due December 20, 2019)