New York Judgment by Default/Rule 7055 — Cor— - If Debtor is the Defendant, DO NOT use. Is a type of judgment issued by a New York court when a debtor fails to appear in court or otherwise respond to the claims of a creditor. The creditor can file a motion for a default judgment if the debtor does not appear or respond within the time period specified by law. The court will then issue a default judgment against the debtor, ordering them to pay the creditor the amount specified in the complaint. The judgment will be entered on the court's record, allowing the creditor to pursue collection of the debt through other means such as placing a lien on property or garnishing wages. There are two types of default judgments in New York: a Rule 7055 default judgment and a Judgment by Default. A Rule 7055 default judgment is a judgment issued when a debtor does not appear or respond to a complaint within the time period specified by law. A Judgment by Default, on the other hand, is a judgment issued when the debtor appears in court but fails to adequately defend themselves.
New York Judgment by Default/Rule 7055 - Core - If Debtor is the Defendant, DO NOT use.
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5) Complaint must be for a sum certain. CPLR § 3215(a). Breach of a promissory note or loan agreement or where defendant failed to pay for goods or services which it contracted either orally or in writing to buy at an greed upon price are sum certains whereby the clerk of the Court can enter judgments.
(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.
Entry of a defendant's default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the court's pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
Default Judgments 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. 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.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
Under CPLR 3215(a), a defendant can seek a default judgment for costs before the clerk when: The plaintiff fails to proceed in an action called for trial. The court orders a dismissal for a neglect to proceed.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.