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: Kings Application, Default Judgment, State of New York, Civil Case In the State of New York civil court cases, a default judgment can be obtained through the Kings Application process. A Kings Application for Default Judgment is a legal procedure used when a defendant fails to respond or appear in court after being properly served with a summons and complaint. This application allows the plaintiff to seek a judgment in their favor without a trial, based on the defendant's default. There are different types of Kings Applications for Default Judgment depending on the stage of the civil case. These include: 1. Kings Application for Default Judgment — Before Answer: This type of application is filed by the plaintiff when the defendant fails to respond within the specified time after being served with the summons and complaint. The plaintiff can request a default judgment before the defendant files an answer to the complaint. 2. Kings Application for Default Judgment — After Defendant's Answer: In this scenario, the defendant has filed an answer to the complaint, but fails to comply with court-ordered deadlines or attend scheduled court hearings. The plaintiff can file a Kings Application for Default Judgment based on the defendant's failure to adhere to the court's instructions. 3. Kings Application for Default Judgment — Upon Defendant's Failure to Appear: If the defendant never appears in court or fails to participate in the legal proceedings despite being properly served, the plaintiff can file this application. It is crucial to ensure that the defendant has been served according to the requirements of New York law before pursuing this type of default judgment. In any of the above cases, the Kings Application for Default Judgment should include a detailed explanation of the defendant's failure to respond or appear in court, accompanied by supporting evidence such as proof of service, copies of the summons and complaint, or any other relevant documentation. The application should also outline the relief sought by the plaintiff, including the specific damages or remedies requested. It is important to note that the Kings Application for Default Judgment must comply with the procedural rules established by the New York court system. These rules vary depending on the specific court where the case is being heard, such as the New York Supreme Court or the Civil Court of the City of New York. Obtaining a default judgment can provide the plaintiff with a favorable outcome in a civil case, but it is crucial to follow the correct legal procedures and ensure that all requirements are met. Consulting with an experienced attorney familiar with New York civil law can help navigate the complexities of the Kings Application for Default Judgment process.Keywords: Kings Application, Default Judgment, State of New York, Civil Case In the State of New York civil court cases, a default judgment can be obtained through the Kings Application process. A Kings Application for Default Judgment is a legal procedure used when a defendant fails to respond or appear in court after being properly served with a summons and complaint. This application allows the plaintiff to seek a judgment in their favor without a trial, based on the defendant's default. There are different types of Kings Applications for Default Judgment depending on the stage of the civil case. These include: 1. Kings Application for Default Judgment — Before Answer: This type of application is filed by the plaintiff when the defendant fails to respond within the specified time after being served with the summons and complaint. The plaintiff can request a default judgment before the defendant files an answer to the complaint. 2. Kings Application for Default Judgment — After Defendant's Answer: In this scenario, the defendant has filed an answer to the complaint, but fails to comply with court-ordered deadlines or attend scheduled court hearings. The plaintiff can file a Kings Application for Default Judgment based on the defendant's failure to adhere to the court's instructions. 3. Kings Application for Default Judgment — Upon Defendant's Failure to Appear: If the defendant never appears in court or fails to participate in the legal proceedings despite being properly served, the plaintiff can file this application. It is crucial to ensure that the defendant has been served according to the requirements of New York law before pursuing this type of default judgment. In any of the above cases, the Kings Application for Default Judgment should include a detailed explanation of the defendant's failure to respond or appear in court, accompanied by supporting evidence such as proof of service, copies of the summons and complaint, or any other relevant documentation. The application should also outline the relief sought by the plaintiff, including the specific damages or remedies requested. It is important to note that the Kings Application for Default Judgment must comply with the procedural rules established by the New York court system. These rules vary depending on the specific court where the case is being heard, such as the New York Supreme Court or the Civil Court of the City of New York. Obtaining a default judgment can provide the plaintiff with a favorable outcome in a civil case, but it is crucial to follow the correct legal procedures and ensure that all requirements are met. Consulting with an experienced attorney familiar with New York civil law can help navigate the complexities of the Kings Application for Default Judgment process.
