This form is a sample letter in Word format covering the subject matter of the title of the form.
Request For Default Prove Up Hearing In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-0020LTR
Format:
Word;
Rich Text
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FAQ
This brief hearing allows you and your soon-to-be ex to present divorce settlement terms and corresponding evidence for the judge's ultimate approval. However, the judge can still exercise discretion to make further changes as they deem appropriate.
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).
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.
A default prove up hearing occurs when the defendant has failed to respond to the plaintiff's complaint within the specified time frame. As a result, the defendant is considered to be in default, and the hearing is held to determine the appropriate judgment in favor of the plaintiff.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
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.
Generally speaking, in a default hearing, you will get everything that you asked for that is allowable under the law. When the other side chooses not to respond, the court has the discretion to award relief on every issue that you requested. Keep in mind that they cannot give you something that the law does not allow.
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.
To get a copy of a summons, go to OATH's Online Summons Finder. Note: Summons Finder currently does not have summonses issued by DCA, TLC or certain summonses issued by the Department of Health and Mental Hygiene, such as restaurant summonses.