[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] Clerk of the Court [Name of the Court] [Address Line 1] [Address Line 2] [City, State, Zip Code] Re: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff's Name] v. [Defendant's Name] Case Number: [Case Number] Dear Clerk of the Court, I am writing to file a Request for Default Judgment with Supporting Affidavit in the above-mentioned case. I kindly request that you process this request and facilitate the timely resolution of this matter. 1. Case Summary: Provide a brief overview of the case, emphasizing the nature of the dispute and the parties involved. Include relevant dates, actions taken by both parties, and any significant information that helps contextualize the request. 2. Basis for Default Judgment: Explain why the defendant is in default. Mention the specific rule, statute, or court order that defines the defendant's obligation to respond, as well as the relevant timeframe for response. State that the defendant failed to answer, plead, or otherwise respond to the plaintiff's complaint within the required time limits. 3. Service of Process: Detail the various methods employed to serve the defendant with the summons and complaint, ensuring compliance with New York state laws regarding service of process. Specify the date(s) and manner(s) of service, providing supporting documentation if available. 4. Affidavit of Default: File an Affidavit of Default, signed by the plaintiff or plaintiff's attorney, attesting to the defendant's failure to respond within the prescribed time. Affirm under penalty of perjury that the information in the affidavit is true and accurate. 5. Affidavit of Merit: Include an Affidavit of Merit, if applicable, to provide additional evidence supporting the plaintiff's claim. This affidavit may contain witness statements, expert opinions, or any other relevant information to strengthen the case and justify the requested default judgment. 6. Requested Relief: Specify the requested relief sought by the plaintiff. This may include a specific sum of money, injunctive relief, or any other appropriate remedy according to the nature of the case. Clearly state the legal basis for the requested relief, referencing relevant statutes or legal precedents. 7. Supporting Documents: Ensure that all necessary supporting documents, such as the complaint, summons, proof of service, and any other pertinent exhibits, are attached to the request. Organize the documents in a well-structured manner and provide a comprehensive index for easy reference. I have enclosed copies of all the required documents for your review and consideration. I kindly request that you file this Request for Default Judgment with Supporting Affidavit, enter the default against the defendant, and proceed with the necessary legal steps to bring this matter to a satisfactory conclusion. Thank you for your attention to this important request. I trust that the court will administer justice in a fair and timely manner. Should you require any additional information or have any questions, please do not hesitate to contact me at the provided phone number or email address. Yours sincerely, [Your Name]
New York Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out New York Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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A sample affidavit of service that plaintiffs may use to prove service of case-initiating documents in civil actions and proceedings in New York state supreme court. This Standard Document contains integrated drafting notes with important explanations and drafting tips.
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.
You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.
In other words, when a Defendant is served with a summons and complaint pursuant to CPLR §308(2), he has thirty days to answer, but his thirty days does not start to run until ten days after the Plaintiff files the affidavit of service for the summons and complaint with the court.
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, ...
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
