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.
A Rochester Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a judgment in their favor when the defendant fails to take necessary actions within a specified timeframe. This application is specifically relevant to civil cases within the jurisdiction of Rochester, New York. In a civil case, when a defendant fails to respond to a summons and complaint within the required time period, typically 20 or 30 days, the plaintiff can file a Rochester Application for Default Judgment. This application states that the plaintiff should be awarded the relief they sought in their initial complaint due to the defendant's lack of response. There are different types of Rochester Application for Default Judgment that can be filed based on the stage of the litigation and the specific circumstances of the case. Some common types are: 1. Rochester Application for Default Judgment — Entry of Default: This type of application is filed when the defendant fails to respond to the summons and complaint within the specified timeframe. The plaintiff can request the court to enter a default judgment against the defendant based on their failure to appear or defend themselves. 2. Rochester Application for Default Judgment — Judgment on the Pleadings: In some cases, the defendant may have responded to the complaint but failed to raise any valid defenses. The plaintiff can file this type of application to seek a judgment in their favor based solely on the written pleadings, without the need for a trial. 3. Rochester Application for Default Judgment — Summary Judgment: If the defendant has partially responded to the complaint but raised defenses that are not genuine or supported by sufficient evidence, the plaintiff can file this application. It requests the court to grant a judgment in their favor based on the undisputed facts and legal arguments presented. 4. Rochester Application for Default Judgment — Default Notice: Before filing any default judgment application, the plaintiff must usually serve a notice of default on the defendant, informing them of the consequences of their non-response and offering an opportunity to rectify the situation. This notice is a crucial step for fairness in the legal process. The Rochester Application for Default Judgment in the State of New York — Civil Case is an important legal mechanism that ensures timely and fair resolution of civil disputes. It allows plaintiffs to seek a resolution and obtain a judgment in their favor when the defendant fails to participate in the litigation process within the prescribed time limits.A Rochester Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a judgment in their favor when the defendant fails to take necessary actions within a specified timeframe. This application is specifically relevant to civil cases within the jurisdiction of Rochester, New York. In a civil case, when a defendant fails to respond to a summons and complaint within the required time period, typically 20 or 30 days, the plaintiff can file a Rochester Application for Default Judgment. This application states that the plaintiff should be awarded the relief they sought in their initial complaint due to the defendant's lack of response. There are different types of Rochester Application for Default Judgment that can be filed based on the stage of the litigation and the specific circumstances of the case. Some common types are: 1. Rochester Application for Default Judgment — Entry of Default: This type of application is filed when the defendant fails to respond to the summons and complaint within the specified timeframe. The plaintiff can request the court to enter a default judgment against the defendant based on their failure to appear or defend themselves. 2. Rochester Application for Default Judgment — Judgment on the Pleadings: In some cases, the defendant may have responded to the complaint but failed to raise any valid defenses. The plaintiff can file this type of application to seek a judgment in their favor based solely on the written pleadings, without the need for a trial. 3. Rochester Application for Default Judgment — Summary Judgment: If the defendant has partially responded to the complaint but raised defenses that are not genuine or supported by sufficient evidence, the plaintiff can file this application. It requests the court to grant a judgment in their favor based on the undisputed facts and legal arguments presented. 4. Rochester Application for Default Judgment — Default Notice: Before filing any default judgment application, the plaintiff must usually serve a notice of default on the defendant, informing them of the consequences of their non-response and offering an opportunity to rectify the situation. This notice is a crucial step for fairness in the legal process. The Rochester Application for Default Judgment in the State of New York — Civil Case is an important legal mechanism that ensures timely and fair resolution of civil disputes. It allows plaintiffs to seek a resolution and obtain a judgment in their favor when the defendant fails to participate in the litigation process within the prescribed time limits.
