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.
In the State of New York, the Nassau Application for Default Judgment is a crucial component of civil cases. This legal process allows the plaintiff to request a judgment in their favor when the defendant fails to respond or participate in the litigation proceedings. The Nassau Application for Default Judgment serves to expedite the legal process and bring closure to the case in a timely manner. When filing a Nassau Application for Default Judgment in a civil case, there are various types that can be considered based on the underlying circumstance. Here are some of the different types of Nassau Application for Default Judgment in the State of New York: 1. Nassau Application for Default Judgment due to Lack of Response: This type of application is filed when the defendant fails to answer the plaintiff's complaint or fails to appear at the scheduled court hearings within the specified time frame. In such cases, the plaintiff may request a default judgment, asserting that the defendant's lack of response indicates their admission of liability. 2. Nassau Application for Default Judgment based on Failure to Comply with Court Orders: Here, the plaintiff files a default judgment application when the defendant fails to comply with court orders, such as failing to produce requested documents, attend depositions, or meet other legal requirements. The plaintiff argues that the defendant's noncompliance warrants a default judgment in their favor. 3. Nassau Application for Default Judgment for Non-Appearance at Trial: If the defendant fails to show up or appear in court on the scheduled trial date, the plaintiff can file this type of application. The plaintiff argues that the defendant's absence forfeits their right to defend the case or challenge the evidence presented. This can lead to the plaintiff being awarded a default judgment based on the evidence submitted. 4. Nassau Application for Default Judgment in Breach of Contract Cases: This type of application is utilized when the defendant has violated the terms of a contract, thereby breaching their obligation. The plaintiff can file for a default judgment, stating that the defendant's breach is sufficient evidence of liability. 5. Nassau Application for Default Judgment in Personal Injury Cases: In personal injury cases, if the defendant fails to respond or participate in the litigation process, the plaintiff may seek a default judgment. By highlighting the defendant's non-response, the plaintiff argues that the defendant's negligence caused the injury, thus opening the door for a default judgment. It's important to note that filing a Nassau Application for Default Judgment should follow specific procedural rules and guidelines set by the State of New York. This process typically requires the submission of a detailed motion, along with supporting evidence and relevant documentation substantiating the plaintiff's claims. In conclusion, the Nassau Application for Default Judgment in the State of New York — Civil Case plays a significant role in expediting legal proceedings when the defendant fails to respond or participate actively. With various types of applications available, its utilization promotes efficiency in the judicial system, ensuring fair resolution for the plaintiff in a timely fashion.In the State of New York, the Nassau Application for Default Judgment is a crucial component of civil cases. This legal process allows the plaintiff to request a judgment in their favor when the defendant fails to respond or participate in the litigation proceedings. The Nassau Application for Default Judgment serves to expedite the legal process and bring closure to the case in a timely manner. When filing a Nassau Application for Default Judgment in a civil case, there are various types that can be considered based on the underlying circumstance. Here are some of the different types of Nassau Application for Default Judgment in the State of New York: 1. Nassau Application for Default Judgment due to Lack of Response: This type of application is filed when the defendant fails to answer the plaintiff's complaint or fails to appear at the scheduled court hearings within the specified time frame. In such cases, the plaintiff may request a default judgment, asserting that the defendant's lack of response indicates their admission of liability. 2. Nassau Application for Default Judgment based on Failure to Comply with Court Orders: Here, the plaintiff files a default judgment application when the defendant fails to comply with court orders, such as failing to produce requested documents, attend depositions, or meet other legal requirements. The plaintiff argues that the defendant's noncompliance warrants a default judgment in their favor. 3. Nassau Application for Default Judgment for Non-Appearance at Trial: If the defendant fails to show up or appear in court on the scheduled trial date, the plaintiff can file this type of application. The plaintiff argues that the defendant's absence forfeits their right to defend the case or challenge the evidence presented. This can lead to the plaintiff being awarded a default judgment based on the evidence submitted. 4. Nassau Application for Default Judgment in Breach of Contract Cases: This type of application is utilized when the defendant has violated the terms of a contract, thereby breaching their obligation. The plaintiff can file for a default judgment, stating that the defendant's breach is sufficient evidence of liability. 5. Nassau Application for Default Judgment in Personal Injury Cases: In personal injury cases, if the defendant fails to respond or participate in the litigation process, the plaintiff may seek a default judgment. By highlighting the defendant's non-response, the plaintiff argues that the defendant's negligence caused the injury, thus opening the door for a default judgment. It's important to note that filing a Nassau Application for Default Judgment should follow specific procedural rules and guidelines set by the State of New York. This process typically requires the submission of a detailed motion, along with supporting evidence and relevant documentation substantiating the plaintiff's claims. In conclusion, the Nassau Application for Default Judgment in the State of New York — Civil Case plays a significant role in expediting legal proceedings when the defendant fails to respond or participate actively. With various types of applications available, its utilization promotes efficiency in the judicial system, ensuring fair resolution for the plaintiff in a timely fashion.
