A default judgment in New York is a court order entered against a defendant who fails to respond to a lawsuit on time, allowing the plaintiff to win without a trial. Under CPLR 3215, the defendant’s silence is treated as an admission of liability, and the court can award damages based on the plaintiff’s evidence alone.1New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment Once entered, the judgment can be enforced through wage garnishment, frozen bank accounts, and property liens. The process is not automatic on either side, and small procedural mistakes can undo it.
When the Clock Starts
A defendant personally served with a summons and complaint inside New York has 20 days to answer or move to dismiss. If the papers are served by an alternative method, or if the defendant is served outside the state, the deadline stretches to 30 days.2New York State Senate. New York Civil Practice Law and Rules 3012 – Service of Pleadings and Demand for Complaint Once that window closes with no response, the plaintiff can move for a default.
Defaults also happen mid-case. A defendant who appears at first but then misses court dates, ignores discovery orders, or abandons the defense can be defaulted just as easily as one who never responded. Debt collection and landlord-tenant matters generate a large share of New York’s defaults because many defendants never file anything at all.
The One-Year Deadline for Plaintiffs
Plaintiffs cannot sit on a default. CPLR 3215(c) requires the court to dismiss the complaint as abandoned if the plaintiff does not take proceedings toward a default judgment within one year of the defendant’s default.1New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment Dismissal can happen on the court’s own motion or on the defendant’s request. The only way out is showing “sufficient cause” for the delay, which is a demanding standard.
Filing a note of issue, scheduling a damages inquest, or submitting default-judgment papers all count as taking proceedings. Letting the case sit does not.
Service of Process Must Be Solid
Almost every successful challenge to a default judgment starts with service. If the plaintiff got service wrong, the judgment is void no matter how strong the underlying claim is. CPLR 308 sets out the permitted methods for serving an individual:3New York State Senate. New York Civil Practice Law and Rules 308 – Personal Service Upon a Natural Person
- Personal delivery of the papers to the defendant anywhere in New York.
- Substituted service on a person of suitable age and discretion at the defendant’s home, workplace, or usual residence, followed by a mailing to the last known address or place of business.
- “Nail and mail” service, which affixes the papers to the door and mails a copy. This is only available after diligent attempts at the other methods have failed, and courts look hard at whether the plaintiff really tried.
- Court-ordered service, including publication, when nothing else is feasible.
Businesses are served differently. For LLCs formed in New York or authorized to do business there, the Secretary of State is the agent for service. The server delivers two duplicate copies plus the fee to the Department of State’s Albany office, which forwards a copy to the address on file.4Department of State. Instructions for Service of Process
Proof of service must then be filed with the court. Skip that filing, or file one that shows a defect on its face, and the default is exposed to attack from day one.
Extra Steps in Consumer Credit Cases
Suing over consumer debt in New York carries additional requirements. Under CPLR 306-d, when filing proof of service the plaintiff must also give the clerk a stamped, addressed envelope and a written notice of the lawsuit in English and Spanish, printed in at least 12-point type. The clerk mails the notice, and no default judgment can be entered until 20 days after that mailing. If the notice comes back undeliverable, the court cannot enter a default at all.5New York State Senate. New York Civil Practice Law and Rules 306-D
Debt buyers face a heavier evidentiary load than original creditors. The default-judgment application must include an affidavit from the original creditor describing the debt and the borrower’s default, a documented chain of title tracing every sale or assignment, and a sworn statement that the statute of limitations has not run.1New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment These rules come from the Consumer Credit Fairness Act.
The Military Status Affidavit
Federal law applies in every New York default case. The Servicemembers Civil Relief Act requires the plaintiff to file an affidavit stating whether the defendant is in the military before the court can enter a default judgment. If the plaintiff cannot tell, the affidavit must say so, and the court may require a bond to protect the defendant against losses if the judgment is later set aside.6Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If the defendant is on active duty, the court must appoint counsel for the servicemember before any judgment is entered. Omitting this affidavit is grounds to vacate the judgment later.
Proving the Claim
Failure to appear does not automatically translate into a check. CPLR 3215(f) requires the plaintiff to submit either a verified complaint or an affidavit from someone with personal knowledge, laying out the basis for the claim and the amount owed.1New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment For a sum certain like an unpaid loan balance, the plaintiff attaches invoices, contracts, or account statements. Bare affidavits reciting a number get rejected.
When damages are not a fixed number, the court schedules an inquest. Personal injury defaults almost always go to inquest because the plaintiff needs medical records, bills, and sometimes expert testimony to justify what is being asked for.
The full motion package typically includes the summons and complaint, proof of service, an affidavit of default, the military-status affidavit, and the evidentiary proof. If the claim is for a sum certain and the papers are clean, the clerk can enter the judgment. Otherwise, a judge reviews it and may set an inquest. Courts can also deny a default outright if the papers are deficient or if the claim is legally baseless on its face.
Interest and Enforcement Costs
A default judgment begins accruing interest the day it is entered. The general rate in New York is 9% per year. For judgments arising from consumer debt where the defendant is an individual, the rate is 2% per year.7New York State Senate. New York Civil Practice Law and Rules 5004 – Rate of Interest The lower consumer rate was enacted in 2021.
Collection has its own costs. When a sheriff levies on property or collects through an execution, poundage fees apply: 5% of the amount collected in New York City, and 5% on the first $250,000 plus 3% on the balance in other counties.8New York State Senate. New York Civil Practice Law and Rules 8012 – Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs Those costs get added to what the debtor owes.
Collecting on the Judgment
The court does not collect for the plaintiff. Judgment creditors have to use the enforcement tools themselves, and most use several in combination.
Wage Garnishment
A creditor can serve an income execution on the debtor’s employer to withhold part of each paycheck. Under CPLR 5231, the garnishment cannot exceed 10% of gross income.9New York State Senate. New York Civil Practice Law and Rules 5231 – Income Execution New York also applies a floor: if 25% of the debtor’s disposable earnings would leave them with less than 30 times the greater of the federal or state minimum hourly wage, the garnishment is reduced or blocked. Low-wage earners are often exempt entirely.
Bank Account Restraints
Under CPLR 5222, a creditor can serve a restraining notice on the debtor’s bank, freezing the account until the creditor obtains a turnover order or the restraint expires.10New York State Senate. New York Civil Practice Law and Rules 5222 – Restraining Notice The bank must send the debtor a notice explaining that some funds may be protected and describing how to claim exemptions.
New York’s Exempt Income Protection Act shields a minimum balance in each account automatically. For 2026, the protected floor is $4,080 for accounts held by residents of New York City, Long Island, or Westchester, and $3,840 for residents elsewhere in the state.11New York State Attorney General. Funds Protected Against Debt Collection If an account holds less than the protected amount, the bank cannot freeze it. The protection applies separately to each account.
Property Liens and Seizure
Filing the judgment with the county clerk where the debtor owns real estate creates a lien that blocks a sale or refinance until the judgment is satisfied. Under CPLR 5203, that lien lasts 10 years from the filing of the judgment-roll.12New York State Senate. New York Civil Practice Law and Rules 5203 – Priorities and Liens Upon Real Property For personal property, CPLR 5230 lets the creditor obtain a property execution directing the sheriff to seize and sell the debtor’s non-exempt assets, such as vehicles or valuable equipment.13New York State Senate. New York Civil Practice Law and Rules 5230
What Cannot Be Taken
Not everything a debtor owns can be seized. CPLR 5205 exempts categories of personal property from money-judgment collection, including:14New York State Senate. New York Civil Practice Law and Rules 5205 – Personal Property Exempt From Application to the Satisfaction of Money Judgments
- Stoves, home heating equipment, 120 days of necessary fuel, one sewing machine, and furniture.
- Religious texts, family pictures, school books, and a personal library up to $500 in value.
- Pets and livestock with food for 120 days, up to $1,000 total.
- Social Security, veterans’ benefits, unemployment insurance, and public assistance.
- Most pension and retirement accounts, including IRAs.
These exemptions work alongside the bank-account protections. Even in a frozen account, funds traceable to Social Security, disability, or other exempt sources cannot be taken. A debtor who believes exempt money has been frozen can file an exemption claim with the court.
How Long a New York Judgment Lasts
A money judgment is enforceable for 20 years. After that, the law presumes it has been paid, and the creditor cannot collect unless the debtor acknowledged the debt or made a partial payment during the period. Real property liens run for 10 years from the initial filing, though the creditor can bring an action for a renewal judgment during the final year before the lien expires.12New York State Senate. New York Civil Practice Law and Rules 5203 – Priorities and Liens Upon Real Property Interest compounding over that span, especially at the 9% general rate, can more than double the original amount.
Vacating a Default Judgment
A default judgment is not necessarily final. Under CPLR 5015(a), a defendant can move to vacate it on several grounds, including excusable default, lack of jurisdiction, newly discovered evidence, and fraud or misconduct by the plaintiff.15New York State Senate. New York Civil Practice Law and Rules R5015 – Relief From Judgment or Order Courts generally prefer to decide cases on the merits and are receptive when the defendant has a real explanation.
Excusable Default
This is the most common ground. The defendant has to show two things: a reasonable excuse for missing the deadline and a meritorious defense to the underlying claim. Courts have accepted serious illness, a genuine belief that an attorney was handling the matter, or documented confusion about the lawsuit. A vague “I didn’t know” without supporting facts does not qualify. The motion must be filed within one year after the defendant is served with a copy of the judgment and written notice of its entry.15New York State Senate. New York Civil Practice Law and Rules R5015 – Relief From Judgment or Order
Lack of Jurisdiction
If service was defective, the court never had jurisdiction, and the judgment is void as a matter of law. There is no time limit, and the defendant does not need to show a meritorious defense. Substituted service disputes come up often here. Papers left with someone at the wrong address, or a missed follow-up mailing, gives the defendant a strong basis to vacate. This is the cleanest path, because the court has no discretion once it finds service invalid.
Fraud or Misconduct
A defendant who can show the judgment was obtained through fraud, misrepresentation, or other misconduct can seek vacatur without the one-year deadline that applies to excusable-default motions. Fabricated proof of service is the clearest example, though inflated damages figures or concealed evidence can also qualify.
Whatever the ground, speed matters. Even where no strict deadline applies, courts weigh unexplained delay heavily against the moving party. A defendant who learns of the judgment and waits months to act makes the motion much harder to win.