New York Affirmation In Support of Request For Certificate of Default is a form used by a creditor or debt collector in New York to obtain a Certificate of Default from the court. The form is used to demonstrate that the creditor has taken the required steps to collect a debt from a debtor. It must be accompanied by a proof of service and proof of claim. The form is available in two versions: the short form, which is used when a debtor has not responded to the creditor's notice, and the long form, which is used when the debtor has responded to the notice. The form must be signed in the presence of a notary public to be valid.
New York Affirmation In Support of Request For Certificate of Default
State:
New York
Control #:
NY-SD-779
Format:
PDF
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Affirmation In Support of Request For Certificate of Default
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FAQ
Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).
(Proof of Service) (NY) This affirmation of service of interlocutory documents (NY) is a standard template that attorneys can use to prove service of an interlocutory document (other than the initial summons and complaint) in a civil action in New York Supreme Court.
CPLR 3215 provides that, when a defendant has failed to appear in an action, the plaintiff may seek a default judgment against him.
The plaintiff must seek a clerk's default within one year of the default (CPLR 3215(a)). If the plaintiff fails to apply for a default judgment within one year of the default, the court can sua sponte or on motion dismiss the complaint as abandoned (CPLR 3215(c); see Waiver).
If the defendant (or respondent) does not answer in time or make a motion, the plaintiff (or petitioner) can ask the court for a default judgment. A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story.
Excusable Default is the most common reason that a court will vacate a default judgment. You must show two things: a good reason why you missed your court date or did not answer (reasonable excuse, see examples listed below); and.
There may be a default judgment against you if: You received a Summons (in person, in the mail, etc.) and you ignored it. You never went to Court to file an Answer even though.