New York Affidavit For Judgment By Default (Sample And Form)
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FAQ
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.
A creditor can file for a Judgment on Affidavit (also known as an Affidavit Judgment) if it has documents that it believes prove that a Defendant owes the creditor a specific amount of money.
In most cases, however, default judgment can be obtained through an administrative process, simply by filing a request with the court, and even where an application is required it can in some circumstances be made without notice to the defendant.
Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
Renew the judgment Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
