New York Entry of Default - B 260

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US-B-260
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This form is an entry of default. This form is used when the defendant fails to plead or otherwise defend in a case as required by law.

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FAQ

(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.

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New York Entry of Default - B 260