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People also ask
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What does it mean when a motion is defaulted?
If a motion for default is granted, it means that the court has determined that the opposing party has failed to respond or take action within the required time frame.
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How can a judgement be removed in NY?
You can get a judgment vacated more quickly by submitting an Order to Show Cause and a supporting affidavit. An Order to Show Cause is a formal request to the court. The affidavit is a sworn statement that explains why the court should grant the order.
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What does defaulted mean in a court case?
A default happens when you borrow money but are unable to keep up with the agreed payments. After a few months of trying to arrange repayment, the lender may decide they're unlikely to recover the money and close the account.
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What happens after a default judgement is issued in NY?
The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.
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What does it mean when you get defaulted?
Failing to make payments on a loan when due can result in the loan becoming delinquent, which can put you at risk of defaulting on the loan. The lending agency will make repeated attempts to contact the borrower by telephone and by letter to resolve repayment problems and prevent default.
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How long do you have to vacate a default Judgement in NY?
Time limits: Under CPLR § 317, you must move to vacate the judgment within one year of obtaining "knowledge of the entry of the judgment." Be specific about why you did not receive "knowledge" of the judgment until later. For example, did you move? Were you traveling?
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How long does a default judgement last?
You must file a motion to set aside the judgment, explaining why you failed to respond in time. A judge will review your reasons and decide whether to overturn the default judgment. How long does a default judgment last on my credit report? A default judgment can stay on your credit report for up to seven years.
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What does motion of default mean?
A default judgment (also known as judgment by default ) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
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Is default judgement a good thing?
Failing to appear in court or ignoring a summons is generally considered to be bad idea, as it results in a default judgment against the defendant. That being said, default judgments can be vacated if the defendant can demonstrate a valid excuse.
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How to remove default judgement?
Contact the creditor who took the judgment and try to resolve the dispute, either by way of a payment arrangement or by settling the claim in full. Once the debt is paid, a so-called paid-up letter will be provided by the creditor confirming that the specific account in question has been settled.
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