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, a Yonkers Application for Default Judgment is a legal document filed in a civil case when one party fails to respond or appear in court within the prescribed time period. This application is typically filed by the party seeking the default judgment and is used to request a judgment in their favor due to the other party's absence or non-compliance with court rules. Keywords: Yonkers, Application for Default Judgment, State of New York, Civil Case, legal document, filed, party, respond, appear, court, prescribed time period, request, judgment, favor, absence, non-compliance, court rules. Types of Yonkers Application for Default Judgment in the State of New York — Civil Case: 1. Yonkers Application for Default Judgment — Failure to Respond: This type of application is filed when the defendant fails to file an answer or response within the allotted time frame specified by the court. The applicant provides evidence of the defendant's non-response and requests the court to enter a judgment in their favor. 2. Yonkers Application for Default Judgment — Failure to Appear: This application is used when the defendant fails to appear in court for scheduled hearings or trial dates. The applicant must show proof of proper notice of the court dates and the defendant's failure to attend, leading to their request for a default judgment. 3. Yonkers Application for Default Judgment — Violation of Court Rules: In this case, the applicant alleges that the defendant has violated specific court rules or orders. The violation could involve non-compliance with discovery requests, non-payment of court-ordered fees, or failure to comply with procedural requirements. The applicant presents evidence of the violation and seeks a default judgment as a consequence. 4. Yonkers Application for Default Judgment — Failure to Comply with Court Orders: This type of application is filed when the defendant fails to comply with a court order, such as failure to provide requested documents, failure to attend mediation or settlement conferences, or non-compliance with any other court directive. The applicant demonstrates the defendant's non-compliance and requests a default judgment as a remedy. It is essential to consult with an attorney or legal professional for accurate guidance in filing a Yonkers Application for Default Judgment in the State of New York. Each case may have specific requirements and procedures that must be followed for a successful application.In the State of New York, a Yonkers Application for Default Judgment is a legal document filed in a civil case when one party fails to respond or appear in court within the prescribed time period. This application is typically filed by the party seeking the default judgment and is used to request a judgment in their favor due to the other party's absence or non-compliance with court rules. Keywords: Yonkers, Application for Default Judgment, State of New York, Civil Case, legal document, filed, party, respond, appear, court, prescribed time period, request, judgment, favor, absence, non-compliance, court rules. Types of Yonkers Application for Default Judgment in the State of New York — Civil Case: 1. Yonkers Application for Default Judgment — Failure to Respond: This type of application is filed when the defendant fails to file an answer or response within the allotted time frame specified by the court. The applicant provides evidence of the defendant's non-response and requests the court to enter a judgment in their favor. 2. Yonkers Application for Default Judgment — Failure to Appear: This application is used when the defendant fails to appear in court for scheduled hearings or trial dates. The applicant must show proof of proper notice of the court dates and the defendant's failure to attend, leading to their request for a default judgment. 3. Yonkers Application for Default Judgment — Violation of Court Rules: In this case, the applicant alleges that the defendant has violated specific court rules or orders. The violation could involve non-compliance with discovery requests, non-payment of court-ordered fees, or failure to comply with procedural requirements. The applicant presents evidence of the violation and seeks a default judgment as a consequence. 4. Yonkers Application for Default Judgment — Failure to Comply with Court Orders: This type of application is filed when the defendant fails to comply with a court order, such as failure to provide requested documents, failure to attend mediation or settlement conferences, or non-compliance with any other court directive. The applicant demonstrates the defendant's non-compliance and requests a default judgment as a remedy. It is essential to consult with an attorney or legal professional for accurate guidance in filing a Yonkers Application for Default Judgment in the State of New York. Each case may have specific requirements and procedures that must be followed for a successful application.
