Letter Requesting Motion To Vacate Order Of Default Form In New York
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To vacate a default judgment in New York, the defendant must make an application to the court that rendered the judgment. In Nassau and Suffolk counties, this will most likely be either the District Court or the Supreme Court.
The person who asks for the appeal is called the appellant and the person who is on the other side of the appeal is called the respondent. Except for a default judgment, only an order or Judgment made by a Judge can be appealed.
A plaintiff can seek before the clerk a default judgment based on the initial non-appearance of the defendant in cases where both: The plaintiff makes the application within one year of the defendant's default. The claim is for either: – a sum certain; or – a sum that can be made certain by computation. (CPLR 3215(a).)
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
Imagine you've taken someone to court, but they've ignored all proceedings. A motion for default judgment allows you to ask the court to automatically decide in your favor due to the other party's lack of response or action.
