New York Sample Letter regarding Corrected Default Judgment
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An application to vacate a default judgment is made by a procedure known as an ?order to show cause.? The order to show cause must contain the legal grounds upon which the defendant seeks to vacate the judgment and an affidavit (sworn statement) from the defendant that provides the necessary facts to support the ...
The person who asks for the appeal is called the appellant and the person who is on the other side of the appeal is called the respondent. Except for a default judgment, only an order or Judgment made by a Judge can be appealed.
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient?for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional ...
Default Judgments The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.
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.
The movant on a motion to vacate a default must submit papers satisfying certain legal standards or else the motion will be denied. He/she will have to support the motion with an affidavit that references specifics, not vague generalities, as to a defense to the complaint.
A written notice that a prevailing party provides other parties to alert them that an order or judgment has been entered in a New York state court.
