How do I file a default judgment in New York?

The defendant must apply to the clerk for a default judgment within one year of the plaintiff's default (CPLR 3215(a)). An application for a default judgment before the clerk must be made in the county where the action is venued.

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Application for Default Judgment in the State of New York - Civil Case

New York Default Judgment Sample And Form For Lawyers

Category:

Civil Procedure - Judgments

State:

New York

Control #:

NY-01537BG

Format:

Instant download

Description

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.

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How to fill out Application For Default Judgment In The State Of New York - Civil Case?

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FAQ

Under CPLR 3215, a default judgment may be obtained against. a defendant who has failed to proceed in an action.112 Once the. defendant has conceded liability by defaulting, the plaintiff must. apply to the court for a judgment, and an inquest must be con- ducted to determine damages.'

Default Judgments A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story. The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs.

How Are Confessions Of Judgment Entered? In New York, the beneficiary must file a proposed judgment for the clerk to sign, an affidavit from the plaintiff confirming the facts, and a bill of costs. The clerk may also deduct any amounts already paid from the judgment if the debtor has partially complied.

The defendant must apply to the clerk for a default judgment within one year of the plaintiff's default (CPLR 3215(a)). An application for a default judgment before the clerk must be made in the county where the action is venued.

Both individuals and entities (i.e., such as corporations and LLCs) can confess judgment. The COJ can either be for money currently due or becoming due in the future, or to secure the plaintiff against a contingent liability.