This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
Queens, New York Affidavit in Support of Order to Show Cause to Vacate Default Judgment is a legal document used in the Queens County Courts to request the vacation or removal of a default judgment that was entered against a party without their knowledge or without the opportunity to defend themselves. The Affidavit in Support of Order to Show Cause is filed by the party seeking to vacate the default judgment, referred to as the "moving." It serves as a comprehensive statement outlining the reasons and grounds for vacating the default judgment. This affidavit is an essential component of the motion process and requires careful attention to detail. In Queens, New York, different types of Affidavits in Support of Order to Show Cause to Vacate Default Judgment may depend on the specific circumstances of the case, such as: 1. Affidavit of Meritorious Defense: This type of affidavit is used when the moving can present a valid defense to the allegations made in the original lawsuit. The affidavit should outline the facts and evidence supporting the defense. 2. Affidavit of Excusable Default: If the party can demonstrate that the default was due to circumstances beyond their control, such as illness, accident, or other valid reasons, this affidavit can be used to explain and justify the default. 3. Affidavit of Lack of Proper Service: In cases where the party was not properly served with the initial lawsuit papers, this affidavit can be submitted to challenge the validity of the default judgment. It should provide evidence showing that proper service was not performed according to legal requirements. 4. Affidavit of Newly Discovered Evidence: In situations where the party can present newly discovered evidence that could impact the outcome of the original case, this type of affidavit can be utilized. It should highlight the nature and significance of the evidence and explain why it was not presented earlier. 5. Affidavit of Fraud, Misrepresentation, or Mistake: In instances where the default judgment was obtained through fraudulent means, misrepresentation, or mistake, this affidavit can be filed to expose such misconduct and request the court to vacate the judgment based on these grounds. The Affidavit in Support of Order to Show Cause should be supported by relevant facts, documentary evidence, and legal arguments to convince the court that there is a substantial basis for vacating the default judgment. It is essential to consult with an attorney or legal professional experienced in Queens County Court procedures to draft a comprehensive and persuasive affidavit that adheres to the specific rules and regulations of the jurisdiction.Queens, New York Affidavit in Support of Order to Show Cause to Vacate Default Judgment is a legal document used in the Queens County Courts to request the vacation or removal of a default judgment that was entered against a party without their knowledge or without the opportunity to defend themselves. The Affidavit in Support of Order to Show Cause is filed by the party seeking to vacate the default judgment, referred to as the "moving." It serves as a comprehensive statement outlining the reasons and grounds for vacating the default judgment. This affidavit is an essential component of the motion process and requires careful attention to detail. In Queens, New York, different types of Affidavits in Support of Order to Show Cause to Vacate Default Judgment may depend on the specific circumstances of the case, such as: 1. Affidavit of Meritorious Defense: This type of affidavit is used when the moving can present a valid defense to the allegations made in the original lawsuit. The affidavit should outline the facts and evidence supporting the defense. 2. Affidavit of Excusable Default: If the party can demonstrate that the default was due to circumstances beyond their control, such as illness, accident, or other valid reasons, this affidavit can be used to explain and justify the default. 3. Affidavit of Lack of Proper Service: In cases where the party was not properly served with the initial lawsuit papers, this affidavit can be submitted to challenge the validity of the default judgment. It should provide evidence showing that proper service was not performed according to legal requirements. 4. Affidavit of Newly Discovered Evidence: In situations where the party can present newly discovered evidence that could impact the outcome of the original case, this type of affidavit can be utilized. It should highlight the nature and significance of the evidence and explain why it was not presented earlier. 5. Affidavit of Fraud, Misrepresentation, or Mistake: In instances where the default judgment was obtained through fraudulent means, misrepresentation, or mistake, this affidavit can be filed to expose such misconduct and request the court to vacate the judgment based on these grounds. The Affidavit in Support of Order to Show Cause should be supported by relevant facts, documentary evidence, and legal arguments to convince the court that there is a substantial basis for vacating the default judgment. It is essential to consult with an attorney or legal professional experienced in Queens County Court procedures to draft a comprehensive and persuasive affidavit that adheres to the specific rules and regulations of the jurisdiction.