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In New York, a judgment lien can be attached to the debtors real estate -- meaning a house, condo, land, or similar kind of property interest. In addition, New York allows judgment liens on the debtors personal property -- things like jewelry, art, antiques, and other valuables.
What happens if a defendant does not pay a judgment New York?
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
How long do you have to vacate a default judgement in NY?
Judgment: During the default hearing, the petitioner presents their case, providing evidence to support their claims. The judge evaluates the evidence and considers the petitioners arguments.
What happens after notice of default?
On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint, or a summons and notice served pursuant to subdivision (b) of rule 305 or subdivision (a) of rule 316 of this chapter, and proof of the facts constituting the claim, the default and the amount due,
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 defendants credit report, and it can be there for up to seven years if it is not paid.
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CPLR 305(b): Court is powerless to enter default judgment where notice served with summons fails to state object of action. Although an action is commenced by
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