New Jersey § 39:6-74

§ 39:6-74.

No claim shall be allowed and ordered to be paid out of the fund if the court shall

find, upon the hearing for the allowance of the claim, that it is founded upon a judgment

which was entered by default unless (1) the claimant shall have complied with the

requirements of section 5, 1 and (2) prior to the entry of such judgment the association shall have been given notice of intention to enter the judgment and file a claim

thereon against the fund and shall have been afforded an opportunity to take such

action as it shall deem advisable . If the court, upon a hearing for the allowance of any claim against the fund, finds

that it was a claim which was not assigned by the association for defense , or that the action upon such claim was not fully and fairly defended, or that the

judgment thereon was entered upon the consent or with the agreement of the defendant,

the court shall allow such claim but shall order it to be paid only in such sum as

the court shall determine to be justly due and payable out of the fund, on the basis

of the actual amount of damages for which the defendant was liable to the plaintiff

under the cause of action, upon which the judgment was rendered and reduced by any

amount received from any person mentioned in subparagraph (m) of section 10, 2 notwithstanding that the judgment is for a greater amount. 1

N.J.S.A. § 39:6-65. 2

N.J.S.A. § 39:6-70.