Motion For Default Judgment Form With Decimals
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
Under CPLR 3215(a), a defendant can seek a default judgment for costs before the clerk when: The plaintiff fails to proceed in an action called for trial. The court orders a dismissal for a neglect to proceed.
If the defendant does not deliver a defence within the allotted period, the plaintiff may issue a motion for judgment in default of defence. However, if the court considers it in the interests of justice, time for delivery of the statement of claim may be extended for a period deemed necessary.
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, ...
To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.