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This document is provided by the New York City Civil Court, and is a guide
for litigants submitting a judgment.
This document was created and distributed without charge by the Civil
Court. It contains the following document number "CIV-GP-53
(July 1999)." Please contact the clerk's office with any questions and to make sure you
are using the most current information. SBR has scanned this document and provides it as a service to small
business owners. If you do not understand any of the terms, please
consult an attorney. (SBR does not recommend attorneys and does not
provide legal advice.) Please refer to friends or colleagues for
legal referrals.
Judgment
Checklist
Please check to see that:
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the Civil Court Index Number is correct. (DO NOT
use a Supreme Court Number.)
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a full and complete caption is on the
Judgment. |
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the recovery clause contains the names and addresses
of the appropriate parties and, if necessary, conforms with the
Affidavit(s) of Service. |
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the Summons used is the proper one (See NYCCA
Art. 4 or, for cases transferred pursuant to CPLR §325(d), see CPLR
§305). |
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in instances when a natural person has been
served, that the Affidavit of Service upon a natural person (as per CPLR
§308) was filled our correctly, and that there is a valid Non-Military
Affidavit. |
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the Affidavit of Service upon a partnership,
or upon a domestic or authorized foreign corporation as per CPLR
§§310 and 311 respectively, was filled out correctly. |
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if the request is for a Default Judgment under
CPLR §3215, not more than one year has elapsed from the time of default. |
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if the Complaint was not Verified in
accordance with CPLR §3215(f), you have provided an Affidavit of Facts
from the Plaintiff. |
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the claim is for a sum certain or for an
amount which can, by computation, be made certain by the Clerk. If it is
not a “sum certain,” an Inquest by the Court will be required. |
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the additional mailing requirements under CPLR
§3215(g) have been met. |
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the interest calculations are correct in
accordance with CPLR §5004, or if different by contract, that you have
provided a copy of the contract. (See the Clerk.) |
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the cost and disbursement calculations are
accurate. See NYCCA Art. 19 and CPLR §§81, 82, and 83 and the reverse
side of this sheet. |
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if you are requesting attorney fees, that you
have submitted the request to Special Term, that the signed Order is
attached and that the amount requested is the amount granted in the Order. |
Agreed
upon Amounts
1. You need not make a motion for a Judgment based on
Default if the amount is an “agreed upon amount.”
2. An Agreement is not considered an “agreed upon
amount.” For example, an attorney’s Retainer agreement is not
an “agreed upon amount” because, although the rate per hour has
been agreed to, the number of liable hours has not been agreed to.
Similarly, Consignment Agreements are not considered “agreed upon
mounts.”
3. A Judgment cannot be entered on an
account
stated because the forwarding to or the receipt by a
litigant of a statement or a bill does not document that the amount of the
bill is an “agreed upon amount.” There dust be an initially “agreed
upon amount” or an amount that can be calculated based on previously
agreed to amounts.
4. If a Judgment is submitted for damages, unjust
enrichment or account stated, it must go before a Judge for an Inquest, or
in the alternative, you may submit a Motion requesting that the Judge
direct entry of Judgment.
Interest
Effective June 26, 1981, standard interest is to be calculated at
9% per annum.
The Monthly Interest Rate is 0.75%, and the Weekly Interest Rate
is 0.173%.
The formula for calculating interest
is:
Principal x Annual Rate x No.of Months divided by 12, or
Principal x Annual Rate x No. of Days divided by 365/366.
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Civil Court Costs |
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before notice of trial |
6,000 and under |
over 6,0000 |
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plus
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$20 |
$50 |
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after notice of
trial
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plus
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$35 |
$100 |
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after each trial, inquest or assessment of damages
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$60 |
150 |
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judgment on Confession CPLR 3218(b)
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$15 only |
$15 only |
DISBURSEMENTS |
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Filing Fee
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$35 |
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Request for Judicial Intervention/Notice of Trial or
Inquest, Note of Issue
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$30 |
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jury fee
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$55 |
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Small Business Rescue, Inc. and
SmallBusinessRescue.com provide this chart, supplied without
charge by the New York City Civil Court as a Public Service. Please
consult the NYC Civil Court for the latest version of these rules. If you have any questions about the law or its application, please
consult an attorney. SBR does not provide legal advice. Sorry, but
SBR does not recommend any attorneys. info@smallbusinessrescue.com |
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SM