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  1. #1
    Join Date
    May 2012
    Location
    NJ
    Posts
    25

    Question How Long Does it Take for a Judge to Rule on a Motion

    My question involves defamation in the state of: New Jersey and my question involves libel

    Briefly, landlord won default judgement by default for unpaid rent, due to fact tenant never responded to certified mail. Once the tenant realized her wages were being garnished, she filed a motion to vacate the judgement. All the reasons she stated in her motion were totally untrue and were actually lies. Per advice from your site I immediately answered her motion, item by item. Immediately I received a summons to appear in court today, 7-26-13. I was there in the court, this is in NJ Superior court in Hudson County, and when the judge called the case the defendant who filed this motion to vacate did not show. The judge then ordered me to go to her chambers, where a member of her staff told me the judge would make her final decision and I would be notified by mail.

    Does anyone know how long this will take. Also since the defendant was the one who filed the motion to vacate the default judgement and did not appear for the hearing, is this now over or can the defendant re-schedule this hearing? Also the statements she made in her motion to vacate were all lies. For instance, she claimed I had no right to file in the first place because I was not the landlord. I was actually one of the owners along with my 2 siblings. Since she lied on her motion to vacate, not that I want to go through this process again, but if her reasons to vacate were all lies if I wanted could I should her for libel?

    I thank everyone so very much for helping me along the way of this nightmare that started in 12-2012. I truly appreciate everyone who donates their time to help people like me! God Bless!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Long Does it Take for a Judge to Rule on a Motion

    Unfortunately, we have no way of telling you how quickly the judge will rule or, for that matter, why he didn't rule from the bench.

    It is possible for the defendant to try to reschedule the hearing. I can't promise what the court will do if she tries. If she was in the E.R. with her child, she has a better chance of getting a new hearing date than if she just didn't feel like showing up for her own motion hearing.

    You have not indicated that she "libeled" you in any way (just that she incorrectly said you're not the landlord, which doesn't seem to in any way tarnish your reputation), nor that you suffered any financial harm from this alleged "libel", and even if she did the content of a court pleading would normally be privileged against any claim of defamation.

  3. #3
    Join Date
    May 2012
    Location
    NJ
    Posts
    25

    Default Re: How Long Does it Take for a Judge to Rule on a Motion

    Thank you very much for your help!

    Susan

  4. #4
    Join Date
    May 2012
    Location
    NJ
    Posts
    25

    Default Re: How Long Does it Take for a Judge to Rule on a Motion

    I am so sorry to bother you again, but if you could help me one more time. Please! I won this motion filed by her twice and have already received a check for $208.80 garnished from her pay. And you will not believe this but she filed a motion again through a lawyer to vacate the judgement. It was supposed to be heard on 9-12-2013 and the night before 9-11-2013 I received a call from the court clerk that I did not have to appear in court and that the judge would make her decision from my answers filed (which you told me to do immediately) and the papers filed by her attorney. It is now 9-19 and I still have not received a decision and it is still pending when I look on-line at the civil motion calendar. Do you have any idea how long if any it will take for the judge to make a final ruling when the case was scheduled for 9-12-2013? I cannot thank you enough for all your help and I hope you can answer this question for me as you always have. God Bless You!!!!!

  5. #5

    Default Re: How Long Does it Take for a Judge to Rule on a Motion

    most judges will issue out an order, that requires a detailed memo, in most cases, in 3-6 months.

    in others where a detailed memo is not needed ... 1-2 months


    just estimates of course, based upon experience

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