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.

Related FAQs

Who can testify in a small claims court case?
What can I do if the other party fails to appear in small claims court?
What defenses can the other party raise in small claims court?
What is the process for obtaining a garnishment order in a small claims court case?
What is the court's decision-making process for small claims cases?
When is the plaintiff's evidence due in a small claims court hearing?
Can I introduce new evidence in a small claims court hearing after it has started?
Is there a limit on the amount of time I can spend in small claims court?
Can I get an extension on my small claims court case?
How do I request a stay of proceedings in small claims court?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023