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.
Title: Syracuse Application for Default Judgment in the State of New York — Civil Case: A Comprehensive Overview Keywords: Syracuse Application, Default Judgment, State of New York, Civil Case Introduction: In the State of New York, a Syracuse Application for Default Judgment is a legal process used in civil cases when the defendant fails to respond or appear after being properly served with a summons and complaint. This detailed description aims to elucidate the concept of Syracuse Application for Default Judgment, its purpose, procedures, and potential variations. 1. Purpose of Syracuse Application for Default Judgment: The primary purpose of a Syracuse Application for Default Judgment is to enable the plaintiff (the party initiating legal action) to request the court to award them judgment in their favor when the defendant fails to respond or participate in the case within the stipulated time frame. 2. Procedure of Syracuse Application for Default Judgment: a. Filing: The plaintiff must file a properly completed Syracuse Application for Default Judgment form with the court clerk, accompanied by supporting documentation. b. Affidavit of Service: The plaintiff is required to submit proof that the defendant was properly served with the summons and complaint. c. Timeframe: The plaintiff must wait for the specified time period for the defendant to respond, typically 20 days in New York State. d. Notice of Default: If the defendant fails to respond within the given time frame, the plaintiff files a "Notice of Default" with the court, indicating the defendant's noncompliance. e. Affidavit in Support: The plaintiff must provide a detailed affidavit outlining the facts of the case and reasons why the court should grant default judgment. 3. Potential Types of Syracuse Application for Default Judgment in the State of New York: a. Default Judgment — Monetary Damages: This type of application seeks a default judgment to award the plaintiff a specific amount of money as compensation for damages. b. Default Judgment — Declaratory Relief: In cases where the plaintiff seeks a declaration of rights, status, or legal responsibilities from the court, this type of Syracuse Application may be applicable. c. Entry of Default Judgment: The court's order granting the default judgment is the crucial outcome of this application process. Conclusion: The Syracuse Application for Default Judgment in the State of New York is a legal mechanism that empowers plaintiffs to seek judgment in their favor when defendants fail to respond or participate in civil cases. By adhering to the prescribed procedures, including filing the application, providing necessary supporting documents, and fulfilling specific requirements, a plaintiff can effectively present their case to the court with the goal of obtaining a default judgment. Variations of this application may involve seeking monetary relief, declaratory relief, or both.
