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Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.
File it in person (or ask someone to file it for you) at the Small Claims Court Clerk's Office. If you are filing the Small Claims Complaint form by mail or filing the Commercial Claims Complaint form by mail you must sign it in front of a notary first.
- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.
How is a Judgment in Default of Appearance entered? A legal action in the civil courts are initiated via a Writ of Summons or an Originating Summons. Upon the issuance of the sealed Writ by the Court, the Plaintiff is to serve the sealed Writ to the Defendant within 6 months after the writ is issued by the Court.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.
File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.
Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.
(CPLR 3215(h).) The plaintiff must submit to the clerk the necessary papers and the clerk enters judgment in the amount demanded in the complaint or summons with notice with costs and interest calculated by the clerk. (CPLR 3215(a); see Plaintiff's Application Before the Clerk: Necessary Papers.)
Default Judgments 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.
New York State judgments are valid for 20 years. A judgment can act as a lien on real property for ten years which may be extended for an additional term if you to take affirmative action.