New York Entry of Default — B 260 is a legal document that plays a significant role in the state's legal system. It signifies the failure of a defendant to appear or respond to a lawsuit within the specified time frame. This detailed description will provide an overview of what this entry of default entails, its purpose, procedure, and the consequences that can arise from it. In New York, there are primarily two types of Entry of Default — B 260: 1. Default Due to Non-Appearance: This type of entry of default occurs when a defendant fails to appear in court after being properly served with a summons and complaint. The court establishes the defendant's non-appearance through an affidavit of service or a proof of mailing. Once the non-appearance is determined, the plaintiff can request the court to enter a default judgment against the defendant. 2. Default Due to Failure to Respond: This type of entry of default happens when a defendant fails to respond to a lawsuit within the specified time frame, usually 20 or 30 days after being served. The response can include an answer to the complaint or a motion to dismiss. If the defendant fails to respond within this period, the plaintiff can request a default judgment. The procedure for initiating a New York Entry of Default — B 260 involves several steps: 1. Serving the Defendant: The plaintiff must properly serve the defendant with a summons and complaint, ensuring that the documents are delivered according to the legal requirements of New York State. This can include personal service, certified mail, or publication, depending on the circumstances of the case. 2. Allowing Sufficient Time for Response: After being served, the defendant is given a specific period, as outlined by New York State law, to respond to the lawsuit. Failure to respond within this time frame can lead to the entry of default. 3. Filing Affidavit of Non-Appearance/Failure to Respond: Upon establishing the defendant's non-appearance or failure to respond, the plaintiff, or their attorney, must file an Affidavit of Non-Appearance or an Affidavit of Failure to Respond with the court. This affidavit serves as evidence to support the request for an entry of default. 4. Requesting Entry of Default Judgment: After filing the necessary affidavit, the plaintiff can submit a motion to the court to request the entry of default judgment. This motion includes relevant documentation, such as the summons, complaint, and proof of service. 5. Court Decision: The court reviews the motion and supporting documents. If all requirements are met, the court may grant the entry of default judgment against the defendant. This grants the plaintiff a legal victory, making it easier to pursue subsequent legal actions to enforce the judgment. Consequences of a New York Entry of Default — B 260 can include: 1. Default Judgment: Once the default judgment is entered, the court awards the plaintiff a favorable decision without the need for a trial. This judgment can include damages, an injunction, or other relief sought in the initial complaint. 2. Legal Remedies: With a default judgment in place, the plaintiff gains the legal authority to pursue various methods of enforcement, such as wage garnishment, property liens, or asset seizure, to recover the damages awarded by the court. To conclude, New York Entry of Default — B 260 is a significant legal procedure that allows a plaintiff to obtain a default judgment against a defendant who fails to appear or respond to a lawsuit within the specified time frame. By understanding the process and consequences of this entry of default, individuals involved in legal proceedings in New York can navigate the system effectively.
New York Entry of Default - B 260
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(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
The documents required for obtaining entry of default are: Request for Clerk's Entry of Default; Affidavit (or Declaration) in Support of Motion for Entry of Default; Proposed form for Clerk's Entry of Default; and. A Certificate of Service indicating that these documents were served upon the defendant.
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.
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.