Default Judgement

[Joey1832]

What is the name of your state? New York

If a Default judgement is granted due to one party not showing up for the hearing. I am aware that they could apply to re-open and have the default judgenment vacated.

How often does this happen?
What are the chances of then actually re-opening the case?
Do you know of "sure" excuses for mot showing up that will definatly have the case re-opened and the judgement vacated?

Do you have any other information I should know before initiating the case to be re-opened?

- Joe

 

[BL]

WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?

If the claimant does not appear in court when the calendar is called, the case will be dismissed.

If the defendant does not appear, the court will direct an "inquest" (hearing). That means that the claimant will go before the judge or arbitrator to present evidence to prove his or her case without the defendant presenting any evidence. If the claimant's case is proved, a "default" judgment will be awarded against the defendant.

If a default judgment is granted because the defendant did not appear, or the case is dismissed because the claimant did not appear, the losing party may ask the court to re-open the case and restore it for a trial upon a showing of good cause. Contact the clerk for the procedure used to re open the case. The clerk also will set a date when both sides are to return to court or will advise when the judge will issue a decision.

If, on the return date, the judge decides to re-open the case, both sides should be prepared for trial in the event the case is re-opened.


If a default judgment was taken against you because you failed to appear for the
City Court hearing, that judgment cannot be appealed. You must make a motion in City Court to vacate
the default. To make such a motion, an affidavit under oath must be prepared that states the reason why
you failed to appear in Court on the scheduled date and clearly sets forth your defense to the claim. The
accuracy of this affidavit must be sworn to before a Notary Public and then provided to the other party.
An Affidavit of Service By Mail (download in ADOBE ACROBAT or Word Perfect 6 or greater) must be
completed and filed with the Court to attest that the motion affidavit was served on the other party. If the
motion is denied, that denial can then be appealed.

Do you know of "sure" excuses for mot showing up that will definatly have the case re-opened and the judgement vacated?

You state your " good cause " and have proof to back it up.
Examples. You had an accident ,or you were in the hospital.
A family member passed away.