Motion For Default Judgment New York
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
The defendant must apply to the clerk for a default judgment within one year of the plaintiff's default (CPLR 3215(a)). An application for a default judgment before the clerk must be made in the county where the action is venued.
In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial.
Under CPLR 3215, a default judgment may be obtained against. a defendant who has failed to proceed in an action.112 Once the. defendant has conceded liability by defaulting, the plaintiff must. apply to the court for a judgment, and an inquest must be con- ducted to determine damages.'
Ing to CPLR 5015 (a) a court which rendered a judgment may relieve a party from it in the interests of justice. A court may, thus, reverse its judgment where, for example, there was an excusable default or where evidence, discovered after a trial, makes the result of that trial unjust.
You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.