This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.
To vacate a default judgment you should fill out an Order to Show Cause. An Order to Show Cause is a legal paper, signed by the judge, that orders the other side to appear in court and "show cause," that is, give a good reason, why the judgment should not be vacated.
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.
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.
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).
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.
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).)
An appeal must be filed within 30 days from the service of the Judgment or Order appealed from and written notice of its entry.