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  1. #1

    Default Time Limit For Filing A Motion After A Default Judgment

    Is there a time limit for when you need to file a motion to show cause after you learn of a default judgment?

    Any tips on how to find out this information for NYC?

    Cheers!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is there a time limit for when.....

    A motion for who to "show cause" about what, brought by which party?

  3. #3

    Default Re: Is there a time limit for when.....

    My bad - I learned of a default judgment against me 3 months ago - what is the time limit in NYC for me to try to fight and vacate the judgment?

    I was never served with court appearance papers...

    Cheers!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is there a time limit for when.....

    Have you investigated the court file to find out how they represented to the court that you were served, if in fact you were not?

    Also, which type of trial court entered the default?

  5. #5

    Default Re: Time Limit For Filing A Motion After A Default Judgment

    No but I certainly will - it was the civil court (small claims court) in NYC...

    Any idea of the time limit that I have to try to vacate the default judgment....

    I know for a fact that the SOL has expired and I have letters that prove that they were irresponsible in charging extra fees - in one of the 2 accounts, they doubled the debt amount in just 7 months and the doubled-amount is the amount that was noted in the bank account seizure freezing letter....

    Cheers!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Time Limit For Filing A Motion After A Default Judgment

    You can review what appear to be the small claims court rules here. Apparently your remedies are different if this is a commercial action versus a regular small claims action. If it's not a commercial action, it's not immediately apparent how you would move to set aside a default or what your timeframe would be. It's safe to say, though, that when you slumber on the issue for three months or longer from when you learn of the default, you'll have a harder time justifying to the court why the default should be set aside.

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