Default Judgment.
(a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him. If the plaintiff's claim is for a sum certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default. The clerk, upon submission of the requisite proof, shall enter judgment for the amount demanded.
(f) Proof. On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint, or a summons and notice served pursuant to subdivision (b) of rule 305 or subdivision (a) of rule 316 of this chapter, and proof of the facts constituting the claim, the default and the amount due by affidavit made by the party.
3. (i) When a default judgment based upon nonappearance is sought against a natural person in an action based upon nonpayment of a contractual obligation an affidavit shall be submitted that additional notice has been given by or on behalf of the plaintiff at least twenty days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at his place of residence in an envelope bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt.
New York Default Judgment Sample and Form with Notice: Understanding the Process In legal proceedings, a default judgment refers to a court decision that is rendered in favor of the plaintiff when the defendant fails to respond or defend themselves within the specified time period. In New York, a default judgment can be obtained by following a specific process, which involves filling out a default judgment form and providing notice to the defendant. The New York default judgment sample and form with notice is a crucial document utilized by plaintiffs when pursuing a default judgment. This form includes important details about the case, such as the parties involved, the cause of action, and the relief sought. It serves as a template that plaintiffs can follow to ensure legal compliance and accuracy when seeking a default judgment. Different Types of New York Default Judgment Samples and Forms with Notice: 1. Default Judgment Sample and Form with Notice (Consumer Debt): This type of default judgment form is specifically designed for cases involving consumer debts, such as credit card debts or personal loans. It includes sections for providing details about the debt, the amount owed, and any previous attempts to collect the debt. 2. Default Judgment Sample and Form with Notice (Small Claims): Small claims default judgment forms cater to cases filed in small claims courts, where the amount in dispute is relatively low. These forms may vary based on specific court requirements but generally cover essential information related to the claim, evidence, and previous attempts at resolution. 3. Default Judgment Sample and Form with Notice (Eviction): In eviction cases, where a landlord seeks possession of a property due to non-payment of rent or other lease violations, a specialized default judgment form is used. This form typically includes details about the lease agreement, unpaid rent, and the tenant's failure to respond to eviction notices. It is important to note that the specific content and format of New York default judgment forms may vary slightly depending on the jurisdiction and the complexity of the case. It is advisable to consult with a legal professional or refer to the relevant court's guidelines to ensure utilizing the correct form and following the appropriate procedure. Obtaining a default judgment is a significant legal step for plaintiffs in New York who have been unable to receive a response or defense from the defendant. By utilizing the appropriate default judgment sample and form with notice, plaintiffs can navigate the process more efficiently while adhering to legal requirements, ultimately seeking a favorable resolution to their case.
