Lvnv Funding LLC v. Scott Diana, A-2924-23

Defendant Scott Diana was issued a credit card by Credit One Bank in 2015 and failed to make payments, leading to a charge-off in June 2016.
The debt was assigned to plaintiff LVNV Funding, which attempted to contact Diana at his last known New Jersey address, confirmed via the USPS National Change of Address database.
In January 2017, LVNV filed suit in New Jersey and served process via certified and regular mail; regular mail was not returned and certified mail was signed for by a family member at the address.
Default judgment was entered against Diana in April 2017 after no response; the judgment totaled $618.91.
Diana filed a motion to vacate more than six years later, arguing improper service and lack of reasonable notice, claiming he moved to Pennsylvania in 2016.
The trial court denied the motion, finding Diana was aware of the judgment by 2019 and unreasonably delayed seeking relief; the Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was service of process proper under the rules?	Service was valid at last known NJ address; mail received.	Service was improper since defendant had allegedly moved to PA.	Service proper under Rule 6:2-3; default not void for lack of due process.
Was the motion to vacate filed within a reasonable time?	Motion filed over six years post-judgment, and years after actual notice; delay unreasonable.	Delay justified by late discovery; no undue prejudice.	Delay was unreasonable; strategic, not exceptional, circumstances.
Are there exceptional circumstances justifying relief?	No exceptional facts; defendant received mail; strategic delay.	Default judgment should be set aside for fairness/equity.	No exceptional circumstances; no injustice, oppression, or inequity found.
Should the court exercise equitable discretion to vacate?	Equity favors finality; no abuse of discretion by trial court.	Court should vacate for lack of actual notice.	No abuse of discretion; equity favors finality; motion denied.

U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (abuse of discretion standard for vacating default judgments)
DEG, LLC v. Twp. of Fairfield, 198 N.J. 242 (Rule 4:50-1(f) as the equitable catch-all provision)
Hous. Auth. of Morristown v. Little, 135 N.J. 274 (exceptional circumstances required for relief from judgment)
Berger v. Paterson Veterans Taxi Serv., 244 N.J. Super. 200 (service defects can void judgments)
Orner v. Liu, 419 N.J. Super. 431 (reasonable time for motions to vacate)