Request For Default Prove Up Hearing In Bronx
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FAQ
This involves: Filing a Motion: Submit a formal motion to the court requesting that the default be overturned. Providing a Reason: Explain why you failed to respond and provide evidence supporting your claim. Demonstrating a Defense: Show that you have a valid defense to the plaintiff's claims.
In this process, a judge (rather than a clerk) determines how much the plaintiff can collect after reviewing the amount requested by the plaintiff, which may require a court hearing. Once the default prove-up process is finished and a ruling by the judge is provided, the case is complete.
You can not appeal a default judgment. If you did not appear in the local court for your case, you must file a motion with the local court to vacate the default judgment (CPLR § 5015 and § 5511). and Decision issued by the Justice Court (UJCA § 1703).
You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
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, ...
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
In a Nutshell But you can have this judgment vacated or removed. To do so, you need to have a reasonable excuse for not appearing in court and a defense to the allegations against you. You also have grounds to vacate if the person suing you didn't properly serve the required documents.
