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 Suffolk Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a court to grant a judgment in their favor when the defendant fails to respond or appear in the case. This application is filed when the defendant is in default, meaning they have not answered the complaint or participated in the lawsuit within the required timeframe. Keywords: Suffolk Application for Default Judgment, State of New York, Civil Case, legal process, plaintiff, court, judgment, defendant, failure to respond, failure to appear, default, complaint, lawsuit. In the State of New York, there are two types of Suffolk Applications for Default Judgment that can be filed in a civil case: 1. Suffolk Application for Default Judgment — Failure to Answer: This type of application is filed when the defendant in a civil case fails to submit an answer to the plaintiff's complaint within the specified time frame. The plaintiff can then file an application requesting the court to enter a default judgment in their favor based on the defendant's failure to respond. 2. Suffolk Application for Default Judgment — Failure to Appear: This type of application is filed when the defendant fails to appear in court after being properly served with a summons and complaint. If the defendant doesn't attend court proceedings or request an adjournment, the plaintiff can file an application for default judgment based on the defendant's failure to appear. To initiate the Suffolk Application for Default Judgment process, the plaintiff must complete the required application form, which includes details of the case, the defendant's failure to respond or appear, and the specific relief sought. The completed application is then filed with the appropriate court and served upon the defendant. Upon receipt of the Suffolk Application for Default Judgment, the court will review the application, ensuring that all procedural requirements have been met. If satisfied, the court will then evaluate the evidence presented by the plaintiff and determine whether a default judgment should be granted. It is crucial for plaintiffs to ensure that all relevant documents, such as the complaint, proof of service, and any supporting evidence, are properly included with the Suffolk Application for Default Judgment. Any omission or error in the application or supporting documents may result in the dismissal or denial of the application. If a default judgment is granted, it means that the court has decided in favor of the plaintiff without the defendant's participation. The judgment may include various forms of relief, such as monetary damages, injunctive relief, or specific performance, depending on the nature of the case. In summary, a Suffolk Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a court to grant a judgment in their favor due to the defendant's failure to respond or appear in the case. It is essential for the plaintiff to carefully follow the procedural requirements and provide sufficient evidence to support their claim.
A Suffolk Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a court to grant a judgment in their favor when the defendant fails to respond or appear in the case. This application is filed when the defendant is in default, meaning they have not answered the complaint or participated in the lawsuit within the required timeframe. Keywords: Suffolk Application for Default Judgment, State of New York, Civil Case, legal process, plaintiff, court, judgment, defendant, failure to respond, failure to appear, default, complaint, lawsuit. In the State of New York, there are two types of Suffolk Applications for Default Judgment that can be filed in a civil case: 1. Suffolk Application for Default Judgment — Failure to Answer: This type of application is filed when the defendant in a civil case fails to submit an answer to the plaintiff's complaint within the specified time frame. The plaintiff can then file an application requesting the court to enter a default judgment in their favor based on the defendant's failure to respond. 2. Suffolk Application for Default Judgment — Failure to Appear: This type of application is filed when the defendant fails to appear in court after being properly served with a summons and complaint. If the defendant doesn't attend court proceedings or request an adjournment, the plaintiff can file an application for default judgment based on the defendant's failure to appear. To initiate the Suffolk Application for Default Judgment process, the plaintiff must complete the required application form, which includes details of the case, the defendant's failure to respond or appear, and the specific relief sought. The completed application is then filed with the appropriate court and served upon the defendant. Upon receipt of the Suffolk Application for Default Judgment, the court will review the application, ensuring that all procedural requirements have been met. If satisfied, the court will then evaluate the evidence presented by the plaintiff and determine whether a default judgment should be granted. It is crucial for plaintiffs to ensure that all relevant documents, such as the complaint, proof of service, and any supporting evidence, are properly included with the Suffolk Application for Default Judgment. Any omission or error in the application or supporting documents may result in the dismissal or denial of the application. If a default judgment is granted, it means that the court has decided in favor of the plaintiff without the defendant's participation. The judgment may include various forms of relief, such as monetary damages, injunctive relief, or specific performance, depending on the nature of the case. In summary, a Suffolk Application for Default Judgment in the State of New York — Civil Case is a legal process that allows a plaintiff to request a court to grant a judgment in their favor due to the defendant's failure to respond or appear in the case. It is essential for the plaintiff to carefully follow the procedural requirements and provide sufficient evidence to support their claim.
