Vacate Default Judgment in a Consumer Debt Case
About the program
What You Get
Start the Program
About the Program
This free and easy program makes papers that help you tell a judge why you missed your court date or didnít answer a summons and complaint in a consumer debt case. You should only use this program if there is a default judgment against you in Supreme, County, City, Civil, District, Town or Village Court.
You must know the following information to use this program:
- Which court the case is in (like Supreme, or City Court)
- Name of the plaintiff (found on the court papers)
- Names of any employers who have garnished your salary
- Names of any banks where your account is frozen
It is helpful to have the following information with you when you use this program:
- Summons and Complaint. You need to know why you are being sued so you can tell the court why the plaintiff should not win the case.
- Affidavit of Service. This will let you see how the plaintiff says you were served with the summons and complaint. If you see that the Affidavit of Service is not true this will help you with an improper service defense.
- Index/Docket Number
- Plaintiffís name
- Defendantís name
You can get this information from the Court Clerk.
What You Get
When you finish, the program will decide what papers you need to ask the court to vacate the default judgment against you. This includes:
- Order to Show Cause (City, District and Civil Court will make this for you at the courthouse)
- Affidavit in Support of an Order to Show Cause
- Proposed Answer (only if you need one)
- Affidavit of Service
- Request for Judicial Intervention (RJI) (only in Supreme and County Court)
- Instructions About What to Do Next
- Instructions for the Service of the Order to Show Cause
- Information Sheet About Your Defenses
- Spanish Instructions (only if you asked for this)
- User Survey
You must have the following on your computer to use this program:
- Adobe Flash to see the program. Download it now for free.
- Microsoft Word to properly view and print the completed court forms. If you do not have Word, you can download Word Viewer now for free and view and print Word documents, even if you donít have Word on your computer.
See Frequently Asked Questions
Vacate Default Judgment in a Consumer Debt Program
Note: You will be taken to our partner website called LawHelp Interactive.
This program was created by the New York State Courts Access to Justice Program.