Resolution · For the both

Default Judgments in Kings County: Getting One, Undoing One

A default judgment is entered when a defendant fails to appear or answer in time. Plaintiffs treat it as a shortcut; it is a shortcut with conditions. Defendants treat it as the end; it often is not. Both sides benefit from understanding exactly what the court requires.

Taking a default as plaintiff

You must submit proof of proper service, an affidavit establishing the defendant's failure to answer, and an affidavit of facts from someone with personal knowledge establishing the claim and the amount. In consumer credit matters, additional documentation requirements apply and courts scrutinize them closely. A thin submission gets denied, and repeated deficient applications waste months.

Don't let the default go stale

New York sets an outer limit on how long a plaintiff can wait before moving for a default. Blow through it and the court may dismiss the complaint as abandoned unless you show sufficient cause. Calendar the deadline the moment the defendant's answer date passes.

Vacating as defendant: excuse plus defense

The standard route requires a reasonable excuse for the default — never received the papers, illness, law-office failure, a genuine misunderstanding — plus an affidavit showing a defense with merit. Move promptly. Courts are far more receptive to a defendant who appears weeks after learning of the judgment than one who appears after a bank levy two years later.

The jurisdictional route

If you were never properly served, the court never obtained jurisdiction and the judgment is a nullity — no excuse analysis required in the same way. This is why service records matter so much. A traverse hearing, where the process server testifies about what they actually did, is the usual proving ground.

Common questions

How long do I have to vacate a default judgment?
There are time limits tied to notice of entry, and separate grounds with different timing. Move as soon as you learn about it; delay is the most common reason motions fail.
Will the judgment be removed from my record if vacated?
Vacatur restores the case to active litigation and the judgment is no longer enforceable, but you should confirm that any docketed judgment and related liens are cleared.
Can a default be entered against a company?
Yes, and it commonly is when a business ignores papers served through the Secretary of State and never forwarded to the owner.

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.