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A default judgment means: The Plaintiff gets what was asked for in the Complaint and the court will not hear the Defendant's side of the story.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
To bring a lawsuit, the plaintiff files a document called a complaint with the court. The complaint explains what the dispute is about and states what relief the plaintiff is asking for. The defendant then has a chance to file a document called an answer.
New York civil practice law allows a money judgment (defined below) to be enforced for up to 20 years, and even longer in certain circumstances. This means that as a judgment debtor, your judgment creditor can attempt to collect the full amount of the judgment, plus interest, for two decades.
A default is a failure to fulfill an obligation. Defaulting is most common in regards to debtor-creditor law and contract law. Typically, a default leads to judicial proceedings or triggers the application of a separate contract provision.
N. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (commonly 20 or 30 days), then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment.
Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
WHAT IS A SMALL CLAIMS CASE? A small claims case is a simplified type of court case for a person to try to recover money or personal property worth $10,000 or less. If your claim is over $10,000, you can still use small claims court, but you must give up the right to collect any amount over $10,000.