Default Judgment.
(a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him. If the plaintiff's claim is for a sum certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default. The clerk, upon submission of the requisite proof, shall enter judgment for the amount demanded.
(f) Proof. 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 by affidavit made by the party.
3. (i) When a default judgment based upon nonappearance is sought against a natural person in an action based upon nonpayment of a contractual obligation an affidavit shall be submitted that additional notice has been given by or on behalf of the plaintiff at least twenty days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at his place of residence in an envelope bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt.
Keywords: Queens Application for Default Judgment, State of New York, Civil Case, types, detailed description. Description: In the State of New York, a Queens Application for Default Judgment is a legal procedure used in a civil case when a defendant fails to respond or appear in court after being properly served with a summons and complaint. The purpose of this application is to request the court to grant a judgment in favor of the plaintiff, typically due to the defendant's lack of participation in the case. There are two main types of Queens Application for Default Judgment in the State of New York — Civil Case: 1. Default Judgment by Clerk: This type of default judgment can be requested by the plaintiff when there is no need for the court's discretion or involvement in determining the appropriate judgment. Typically, this applies in cases with fixed or readily calculable damages, such as unpaid invoices, breach of contract, or certain types of personal injury cases. The plaintiff must submit an affidavit supporting the request, detailing the defendant's failure to appear or respond within the designated timeframe. 2. Default Judgment by the Court: This type of default judgment is necessary when the relief sought by the plaintiff requires the court's discretion, such as determining damages in complex cases or granting specific equitable remedies. To obtain this judgment, the plaintiff must file a motion with the court, providing evidence of proper service, the defendant's failure to respond, and supporting arguments for the desired judgment. A hearing may be scheduled to consider additional evidence or arguments before the court grants the default judgment. Regardless of the type, a Queens Application for Default Judgment must meet certain requirements to be successful. These requirements include proving that the defendant was properly served with the summons and complaint, demonstrating that the defendant failed to respond or appear within the prescribed timeframe (usually 20 or 30 days), and providing sufficient evidence to support the requested judgment or relief. Once a default judgment is granted, it becomes legally binding on the defendant, and the plaintiff can take further action to enforce the judgment, such as wage garnishment, property liens, or asset seizure. It's important to note that while a default judgment may seem advantageous for the plaintiff, it is crucial for both parties to ensure due process is followed. If a defendant believes they were not properly served or had a valid reason for failing to respond, they may have grounds to request the court to set aside the default judgment. In summary, a Queens Application for Default Judgment in the State of New York — Civil Case is a legal procedure used when a defendant fails to respond or appear in court after being properly served. It can be pursued through a default judgment by clerk or a default judgment by the court, depending on the nature of the relief sought. However, it's important for both parties to understand their rights and obligations throughout the process and seek appropriate legal guidance.Keywords: Queens Application for Default Judgment, State of New York, Civil Case, types, detailed description. Description: In the State of New York, a Queens Application for Default Judgment is a legal procedure used in a civil case when a defendant fails to respond or appear in court after being properly served with a summons and complaint. The purpose of this application is to request the court to grant a judgment in favor of the plaintiff, typically due to the defendant's lack of participation in the case. There are two main types of Queens Application for Default Judgment in the State of New York — Civil Case: 1. Default Judgment by Clerk: This type of default judgment can be requested by the plaintiff when there is no need for the court's discretion or involvement in determining the appropriate judgment. Typically, this applies in cases with fixed or readily calculable damages, such as unpaid invoices, breach of contract, or certain types of personal injury cases. The plaintiff must submit an affidavit supporting the request, detailing the defendant's failure to appear or respond within the designated timeframe. 2. Default Judgment by the Court: This type of default judgment is necessary when the relief sought by the plaintiff requires the court's discretion, such as determining damages in complex cases or granting specific equitable remedies. To obtain this judgment, the plaintiff must file a motion with the court, providing evidence of proper service, the defendant's failure to respond, and supporting arguments for the desired judgment. A hearing may be scheduled to consider additional evidence or arguments before the court grants the default judgment. Regardless of the type, a Queens Application for Default Judgment must meet certain requirements to be successful. These requirements include proving that the defendant was properly served with the summons and complaint, demonstrating that the defendant failed to respond or appear within the prescribed timeframe (usually 20 or 30 days), and providing sufficient evidence to support the requested judgment or relief. Once a default judgment is granted, it becomes legally binding on the defendant, and the plaintiff can take further action to enforce the judgment, such as wage garnishment, property liens, or asset seizure. It's important to note that while a default judgment may seem advantageous for the plaintiff, it is crucial for both parties to ensure due process is followed. If a defendant believes they were not properly served or had a valid reason for failing to respond, they may have grounds to request the court to set aside the default judgment. In summary, a Queens Application for Default Judgment in the State of New York — Civil Case is a legal procedure used when a defendant fails to respond or appear in court after being properly served. It can be pursued through a default judgment by clerk or a default judgment by the court, depending on the nature of the relief sought. However, it's important for both parties to understand their rights and obligations throughout the process and seek appropriate legal guidance.
