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If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.

Entry of a judgment occurs when the clerk signs and files it (CPLR 5016(a)). The fact of entry is recorded in the judgment book (CPLR 9202(1)). The clerk files the judgment-roll when the clerk enters the judgment (CPLR 5017(a)).

To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.

A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.

The Creditor must either file the Satisfaction of Judgment with the County Clerk, or provide it to the Debtor so that the Debtor may file it with the County Clerk. The Satisfaction of Judgment must also be filed with the City Court. A Satisfaction of Judgment form can be purchased from any stationary store.

In New York, a judgment creditor seeking to enforce a judgment may: Freeze the judgment debtor's assets (see Restraining Notice). Levy and sell the judgment debtor's assets (see Execution). Seize the judgment debtor's wages (see Garnishment).

A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.

You can try and get your money (called 'enforcing your judgment') by asking the court for: a warrant of control. an attachment of earnings order. a third-party debt order. a charging order.

In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Service is finished 10 days after the filing and the defendant's time to Answer starts to run.

This would mean that the Defendant has entered appearance and is going to defend himself. However, if the Defendant has not entered an appearance within the time limit which is within 14 days after the service of writ. This is when the Plaintiff is entitled to obtain a Judgement in Default of Appearance.

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Notarized Affidavit of Defendant.

Yonkers New York Affidavit For Judgment By Default (Sample And Form)

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