How do I obtain a default judgment in a small claims court case?

In New York, obtaining a default judgment in a Small Claims Court case requires that the person filing the claim (plaintiff) follow certain procedures. First, the plaintiff must serve the defendant with a summons and complaint in person, by mail or by publication in a newspaper. If the defendant fails to appear in court, the plaintiff can request a default judgment. The plaintiff must then complete an Affidavit of Merit form and an Order to Show Cause form. The Affidavit of Merit form explains why the plaintiff is entitled to a default judgment. The Order to Show Cause form is filed with the court, and requires the defendant to appear before a judge to explain why the plaintiff should not be awarded a default judgment. The plaintiff must then attend a hearing at the courthouse in front of a judge. At the hearing, the plaintiff must present evidence to support their claim and show that the defendant had proper notice of the lawsuit. If the judge finds in favor of the plaintiff, a default judgment will be issued. This judgment is a binding legal document that orders the defendant to pay the plaintiff an amount determined by the court. The defendant may still challenge the default judgment, but they must do so within 30 days of the judgment being issued.

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How do I obtain a default judgment in a small claims court case?

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