The New York Default Judgment Package is a comprehensive set of legal documents and forms used to obtain a default judgment in a civil court action in New York State. The package contains various forms and instructions needed to obtain a default judgment, including a summons, an affidavit of service, a complaint, a notice of entry of default, a default judgment, and an order of execution. The package is intended to help those who wish to seek a default judgment in a civil court action in New York State in an efficient and cost-effective manner. The New York Default Judgment Package is available in two versions: the General Default Judgment Package and the Limited Default Judgment Package. The General Default Judgment Package contains all the forms and instructions necessary to obtain a default judgment in a civil court action in New York State. The Limited Default Judgment Package contains only the necessary forms and instructions needed to obtain a default judgment in a limited civil court action in New York State.
New York Default Judgment Package
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Excusable Default is the most common reason that a court will vacate a default judgment. You must show two things: a good reason why you missed your court date or did not answer (reasonable excuse, see examples listed below); and.
Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
The plaintiff must seek a clerk's default within one year of the default (CPLR 3215(a)). If the plaintiff fails to apply for a default judgment within one year of the default, the court can sua sponte or on motion dismiss the complaint as abandoned (CPLR 3215(c); see Waiver).
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.
Ing to CPLR 5015 (a) a court which rendered a judgment may relieve a party from it in the interests of justice. A court may, thus, reverse its judgment where, for example, there was an excusable default or where evidence, discovered after a trial, makes the result of that trial unjust.
If the defendant (or respondent) does not answer in time or make a motion, the plaintiff (or petitioner) can ask the court for a default judgment. A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story.
There may be a default judgment against you if: You received a Summons (in person, in the mail, etc.) and you ignored it. You never went to Court to file an Answer even though.