Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to you today regarding the Clerk's Docket Entry of Default for the case [Case Number] currently pending in [Court Name] in New York. Enclosed within this letter, you will find the necessary documents to complete the Clerk's Docket Entry of Default. These documents include: 1. Copy of the Complaint: This document outlines the allegations made by the plaintiff in the case. It provides background information regarding the nature of the dispute and the relief sought. 2. Proof of Service: This document verifies that the defendant was properly served with a copy of the complaint and summons within the required time frame stipulated by New York law. 3. Affidavit of Default: This affidavit is completed by the plaintiff or their legal representative, affirming that the defendant has failed to respond to the complaint within the specified timeframe. 4. Proposed Default Judgment Order: This document is a proposed order for the court's consideration. It requests that the court enter a default judgment in favor of the plaintiff due to the defendant's failure to plead or otherwise defend the case. It is crucial to review these documents carefully and verify that all the necessary information has been accurately included. If any amendments or additions are required, please make sure to properly notate them before presenting the documents to the court. In addition to the enclosed documents, it is recommended that you check the local rules and regulations of the court to ensure compliance with any specific requirements when filing for a Clerk's Docket Entry of Default. Please note that this sample letter is just one variation that could be used for a New York Clerk's Docket Entry of Default. Other variations may include additional or different supporting documents and may be adapted to suit the specific circumstances of the case. If you require any further assistance or clarification, please do not hesitate to contact [Your Name or Legal Representative's Name] at [Contact Information]. Thank you for your attention to this matter, and we look forward to resolving this case in due course. Sincerely, [Your Name] [Your Title/Position] [Your Organization]
New York Sample Letter for Enclosure of Clerk's Docket Entry of Default
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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, ...
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, ...
To enter (record) the judgment, the person who wins the case must: Serve a copy of the judgment and a copy of the notice of entry form on the person who loses the case. See How Legal Papers Are Delivered. ... File the Affidavit of Service with the court.
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.
