New York City Civil Court 
Procedures for Entry of J
udgments

Small Business RescueSM

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. This is a portion of a flyer given out by the New York City Civil Court Clerk's Office on the Procedures for Entering a Judgment.  This document is provided without charge by the New York City Civil Clerk's Office. Please direct any inquiries to the Clerk's office. For all legal questions, please consult an attorney. .
. Default Judgment/Failure to Answer Submit an original B319(Julius Blumberg Form) with one Copy for conforming, and a self-addressed stamped envelope If your complaint is not verified, submit an affidavit of facts by plaintiff. If an individual was served, submit an affidavit pursuant to CPLR 3215 G(3) i& ii (REFERS TO REQUIRED ADDITIONAL MAILING). If a corporate defendant was served pursuant to Section 306 of the BCL (Secretary of State), submit an affidavit as per CPLR 3215 G(4) i & ii (REFERS TO REQUIRED ADDITIONAL MAILING). If service is made within the NYC limits, be sure that process server license # is listed on affidavit. If process server did not indicate military status of defendant on [the] affidavit of service, submit a non- military affidavit by party who has done the investigation. If there are triable issues in your complaint, you must waive them or go to inquest. Examples of such issues are Unjust enrichment,  quantum meruit, and attorneyís fees. Accounts stated with no other causes of action must go to Inquest. JUDGMENT CLERKS MAY ONLY ENTER JUDGMENT ON AGREED UPON AMOUNTS!

Other Types of Judgments For all other types of judgments, i.e. Judgment after trial, inquest. motion, inquest clerk, failure to comply with stipulation, use form B323(Julius Blumberg Form).

On judgments entered on failure to comply with a stipulation, submit any affidavit that the stipulation may call for Ex: If stipulation states that judgment may be entered after 10 day written notice, submit an affidavit of mailing of notice to cure. On judgments entered on motion granted on default, submit an affidavit of service of a copy of the order with notice of entry.

JUDGMENT CLERKS DO NOT HAVE THE POWER TO CHANGE OR MODIFY ANY ORDERS OF THE COURT. ANY DEFECTS IN PAPERS ALREADY FILED WITH THE COURT MUST BE CORRECTED BY MOTION. 

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Small Business Rescue, Inc. and SmallBusinessRescue.com provide this information without charge as a public service.  Please consult an attorney for all questions of law.  SBR does not provide legal advice. SBR does not recommend any attorneys. To contact SBR please write to us at:info@smallbusinessrescue.com

 

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