New York Default Judgment Sample And Form Withdraw

State:
New York
Control #:
NY-01537BG
Format:
PDF
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.

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

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FAQ

The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment. The judgment creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment.

Under New York law, an excusable default exists when the defendant had a good reason for not showing up in court and has at least one good defense to the case against them.

For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for. If a party thinks that a subpoena asks for documents that have nothing to do with the case, or asks for too much information, the party can make a motion to quash the subpoena.

The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment. The judgment creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment.

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

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New York Default Judgment Sample And Form Withdraw