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If you don't file an Answer or you miss a court date, the party suing you will ask the court for a default judgment against you. You can ask the court to vacate (cancel) the default judgment. If the judgment is vacated and the case is put back on the court's calendar, the case is not over.

To set aside a regularly obtained judgment in default (all the procedures were complied with), the defendant has prove that there are merits to his case (basically that his defence is worth hearing).

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.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.

Vacating a Judgment for Excusable Default Defendants in New York have one year from the date they were served with a copy of the judgment to present an excusable default argument to the court. Keep in mind that this time limit isn't the same as a statute of limitations.

If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.

Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

Each state has its own rules for vacating a default judgment filed against you. In California, for example, a judge can vacate a default judgment taken due to mistake, inadvertence, surprise, or excusable neglect.

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How to fill out the claim form. If the Amended Complaint was served prior to the service of the original complaint, state that information in the form and the affidavit or declaration. and.Attach a photocopy (not the certified copy) of the judgment as an exhibit. Filing Instructions. Fill out the form in our online filing application. Please note that lobbyists are active in the state of New York and laws concerning civil procedure and process serving can change. The first step in starting a small claim is completing a Claim (Form 1). Click here to obtain a blank Garnishing Order Before Judgment form. If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.

Queens New York Sample Letter regarding Corrected Default Judgment

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