New York Request for Certificate of Default

State:
New York
Control #:
NY-SD-853
Format:
PDF
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Description

Request for Certificate of Default

A New York Request for Certificate of Default is a document used to request a Certificate of Default from the New York State Department of Taxation and Finance. This document is used when a taxpayer needs to prove that they are in default of their tax obligations in New York. There are two types of New York Request for Certificate of Default: (1) Request for Certificate of Default for Individual Taxpayer, and (2) Request for Certificate of Default for Business Taxpayer. Both requests must provide the taxpayer's name, address, Social Security Number (or Taxpayer Identification Number, if applicable), New York State Taxpayer Identification Number, and signature. The Request for Certificate of Default for Individual Taxpayer must also provide the taxpayer's date of birth and the type of tax for which they are in default. The Request for Certificate of Default for Business Taxpayer must also provide the business's name, type of business, and the type of tax for which they are in default. The New York State Department of Taxation and Finance will then issue the Certificate of Default, which can be used as proof that the taxpayer is in default of their tax obligations in New York.

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FAQ

Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party 'refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.

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.

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.

CPLR 3215 provides that, when a defendant has failed to appear in an action, the plaintiff may seek a default judgment against him.

5) Complaint must be for a sum certain. CPLR § 3215(a). Breach of a promissory note or loan agreement or where defendant failed to pay for goods or services which it contracted either orally or in writing to buy at an greed upon price are sum certains whereby the clerk of the Court can enter judgments.

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.

More info

Sample PDF form (Rev. Contains Fields to Complete on-line (print out for filing)If the court enters an order of default, and the defendant still does not respond, the plaintiff can ask for a default judgment. Your Application or Request for Certificate of Default should also include an affidavit setting forth your opponent's default. Form 17: Request to Enter Default Judgment and Supporting Certification—Page 1 of 2. Name. (Plaintiff's name, address, and telephone number). Address. Please see the Affidavit and Certificate of Mailing or Delivery at the bottom of this form. You may complete the form yourself or have another person fill it out under your supervision. You must sign the certificate. USE NOTE: Plaintiff must complete the Request and the Default Judgment before filing with the court. 1.

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New York Request for Certificate of Default