Is there a deadline to vacate a default?

Some grounds have a one-year limit from service of the judgment with notice of entry; jurisdictional defects can be raised later. Don't wait.

Will the plaintiff agree to vacate?

Sometimes, especially when service was clearly defective or a settlement is possible.

Defending a case · For the defendant

Default Judgments in Albany County and How to Vacate Them

When a defendant doesn't answer, the plaintiff can ask the Albany court for a default judgment. That judgment can then be enforced through bank restraints, wage garnishment and liens.

How defaults happen

Most defaults come from missed deadlines, papers served at an old address, or service that never actually happened. Check the affidavit of service carefully.

Moving to vacate

A motion to vacate typically argues a reasonable excuse for the default plus a meritorious defense, or that the court never had jurisdiction because service was defective. An order to show cause can pause enforcement while the motion is decided.

Stopping enforcement

If your account is restrained, certain funds such as many government benefits are exempt. Ask for a temporary stay in the order to show cause.

Common questions

Is there a deadline to vacate a default?: Some grounds have a one-year limit from service of the judgment with notice of entry; jurisdictional defects can be raised later. Don't wait.
Will the plaintiff agree to vacate?: Sometimes, especially when service was clearly defective or a settlement is possible.

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Related guides

This guide is general information about court procedure in Albany 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.