Default Judgment in New York: Deadlines, Enforcement, and Vacating

A default judgment in New York is a court order entered against a defendant who fails to answer a lawsuit or otherwise defend the case on time. Under CPLR 3215, the missed deadline is treated as an admission of liability, and the court can award damages based on the plaintiff’s evidence alone.¹ Once entered, the judgment can be enforced through wage garnishment, frozen bank accounts, and liens on real estate. Getting one, though, is not automatic, and defendants have real tools to undo one that should not have been entered.

When a Defendant Is In Default

A defendant personally served with a summons and complaint inside New York has 20 days to file an answer or a motion to dismiss. If service happens by an alternative method, such as leaving the papers with another person at the defendant’s home or workplace, or if the defendant is served outside the state, the deadline stretches to 30 days.² Once that window closes with no response, the plaintiff can move for a default judgment.

Default isn’t only about the first answer. A defendant who appears and then drops out can also default. Missing court dates, ignoring discovery orders, or abandoning the defense mid-case can all trigger it. Debt collection suits and landlord-tenant matters generate most of New York’s defaults because many defendants never respond at all.

The Plaintiff’s One-Year Deadline

Plaintiffs have their own clock. Under CPLR 3215(c), if the plaintiff does not take steps to enter a default judgment within one year after the defendant’s default, the court must dismiss the complaint as abandoned.¹ The court can dismiss on its own or on the defendant’s motion. The only way out is to show “sufficient cause” for the delay, which is a higher bar than most plaintiffs expect. Filing a note of issue, scheduling a damages inquest, or submitting the default-judgment papers all count as taking proceedings. Letting the case sit does not.

Service of Process Matters More Than Anything

No default judgment survives if service of process was defective. CPLR 308 sets the permitted methods for serving an individual defendant:³

Personal delivery, handing the papers directly to the defendant anywhere in New York.
Substituted service, delivering the papers to a person of suitable age and discretion at the defendant’s home, workplace, or usual residence, then mailing a copy to the last known address or place of business.
“Nail and mail” service, which allows the plaintiff to affix the papers to the door of the defendant’s home or workplace and mail a copy, but only if personal and substituted service prove impracticable after diligent attempts. Courts look hard at whether the plaintiff actually exhausted the other options.
Service by court order, including publication in a newspaper, when no other method is feasible.

After service, the plaintiff must file proof of service with the court. If service was defective, the resulting default judgment is void no matter how strong the underlying claim.

Extra Rules in Consumer Credit Cases

New York imposes extra steps for plaintiffs suing on consumer debts like credit cards, medical bills, or personal loans. Under CPLR 306-d, the plaintiff must give the clerk a stamped, addressed envelope along with a written notice of the lawsuit in English and Spanish, printed in at least 12-point type. The clerk mails that notice to the defendant, and no default judgment can be entered until at least 20 days after the mailing. If the notice comes back undeliverable, the court cannot enter a default judgment at all.⁴

When the plaintiff is a debt buyer rather than the original creditor, the evidentiary load is heavier. 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 of the debt, and a sworn statement that the statute of limitations has not expired.¹ These rules came in with the Consumer Credit Fairness Act.

The Military Status Affidavit

Federal law requires a military-status affidavit in every default-judgment case. Under the Servicemembers Civil Relief Act, the plaintiff must state whether the defendant is in the military before the court can enter the judgment. If the plaintiff cannot determine the defendant’s status, the affidavit must say so, and the court may require a bond to protect the defendant from losses if the judgment is later set aside.⁵ If the defendant is on active duty, the court must appoint an attorney to represent the servicemember before any judgment is entered. Skipping this affidavit is grounds for vacating the judgment later.

Proving the Claim

Default does not relieve the plaintiff of proving the case. Under CPLR 3215(f), the plaintiff must submit either a verified complaint or an affidavit from someone with personal knowledge, setting out the basis for the claim and the amount of damages.¹ For a fixed-amount claim, such as an unpaid loan balance or a contract sum, the plaintiff attaches invoices, contracts, or account statements. Courts reject bare affidavits that just recite a number.

When damages are not a fixed sum, the court usually schedules an inquest, a hearing where the plaintiff presents proof of harm. Personal injury cases almost always require one because the plaintiff needs medical records, bills, and sometimes expert testimony to justify the damages.

The full motion package includes the summons and complaint, proof of service, an affidavit of default, the military-status affidavit, and the evidentiary proof. For a sum certain with clean documentation, the clerk can enter judgment without a hearing. Otherwise, a judge reviews the papers and may order an inquest.

Interest and Enforcement Costs

Once entered, the judgment accrues interest. The general statutory rate in New York is 9% per year, but for judgments on consumer debt owed by an individual, the rate drops to 2% per year.⁶ The 2% rate was enacted in 2021 to keep consumer-debt judgments from ballooning.

When a creditor uses the sheriff to levy on property or collect through an execution, the sheriff collects poundage: 5% of the amount collected in New York City, and 5% on the first $250,000 plus 3% on the remainder in other counties. Mileage is charged at the federal IRS reimbursement rate, though sheriffs operating entirely within New York City charge a flat $35.⁷ These costs are typically added to what the debtor owes.

Enforcing the Judgment

The court does not collect for you. A judgment creditor has to pick up the enforcement tools, and most use several at once.

Wage Garnishment

A creditor can serve an income execution on the debtor’s employer, which must then withhold part of each paycheck. Under CPLR 5231, the garnishment cannot exceed 10% of the debtor’s gross income.⁸ A separate floor applies: if 25% of the debtor’s disposable earnings would leave the debtor with less than 30 times the greater of the federal or state minimum hourly wage, the garnishment must be reduced or cannot proceed. Low-wage earners can be entirely exempt.

Freezing Bank Accounts

A creditor can serve a restraining notice on the debtor’s bank under CPLR 5222, which freezes the account and bars the bank from releasing funds until the creditor obtains a turnover order or the restraint expires.⁹ The bank must send the debtor a notice explaining that some funds may be protected and how to claim exemptions.

New York’s Exempt Income Protection Act automatically shields a minimum balance in each account. For 2026, that protected amount 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.¹⁰ If the account holds less than the protected amount, the bank cannot freeze it. The protection applies separately to each account the debtor owns.

Liens and Property Seizure

A creditor can file the judgment with the county clerk where the debtor owns real estate, creating a lien that blocks the debtor from selling or refinancing without first satisfying the judgment. Under CPLR 5203, that lien lasts 10 years from the filing of the judgment-roll.¹¹ For personal property, a property execution under CPLR 5230 directs the sheriff to seize and sell non-exempt assets such as vehicles or equipment.¹²

What Can’t Be Taken

Not everything is reachable. CPLR 5205 lists categories of personal property that cannot be seized to satisfy a money judgment:¹³

Household essentials such as stoves, home heating equipment, necessary fuel for 120 days, 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 in total value.
Social Security payments, veterans’ benefits, unemployment insurance, and public assistance.
Most pension and retirement accounts, including IRAs.

The bank-account rules work alongside these exemptions. Even if a creditor freezes an account, funds traceable to Social Security, disability benefits, or other exempt sources cannot be seized. A debtor who believes exempt funds have been improperly frozen can file an exemption claim with the court.

How Long the Judgment Lasts

A money judgment in New York 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 that time. Real property liens run on a shorter clock of 10 years from the initial filing, though the creditor can start an action for a renewal judgment during the year before the lien expires.¹¹ Interest accruing over those years can add substantially to the original amount, especially at the 9% general rate.

Vacating a Default Judgment

A default judgment is not necessarily permanent. Under CPLR 5015(a), a defendant can ask the court to vacate on grounds that include excusable default, lack of jurisdiction, newly discovered evidence, and fraud or misconduct by the plaintiff.¹⁴ Courts generally prefer to decide cases on the merits and are receptive when the defendant presents a legitimate reason.

Excusable Default

The most common ground. The defendant must show a reasonable excuse for failing to respond and a meritorious defense to the underlying claim. Courts have accepted excuses like 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 will not work. 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.¹⁴

Lack of Jurisdiction

If service was defective, the court never had jurisdiction over the defendant and the judgment is void. There is no time limit on this challenge, and the defendant does not need to demonstrate a meritorious defense. Disputes about substituted service are especially common here. A plaintiff who left papers with someone at the wrong address, or who skipped the required follow-up mailing, has given the defendant a strong basis to vacate. This is the cleanest path to overturning a default judgment because the court has no discretion once it finds the service invalid.

Fraud or Misconduct

A defendant who can show the plaintiff obtained the judgment 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, but inflated damages or concealed evidence can also qualify.

Whatever the ground, a defendant should move quickly. Even when no strict deadline applies, courts weigh unexplained delays against the moving party. Learning about a judgment and waiting months to act makes the motion much harder to win.

1
New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment
2
New York State Senate. New York Civil Practice Law and Rules 3012 – Service of Pleadings and Demand for Complaint
3
New York State Senate. New York Civil Practice Law and Rules 308 – Personal Service Upon a Natural Person
4
New York State Senate. New York Civil Practice Law and Rules 306-D
5
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
6
New York State Senate. New York Civil Practice Law and Rules 5004 – Rate of Interest
7
New York State Senate. New York Civil Practice Law and Rules 8012 – Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs
8
New York State Senate. New York Civil Practice Law and Rules 5231 – Income Execution
9
New York State Senate. New York Civil Practice Law and Rules 5222 – Restraining Notice
10
New York State Attorney General. Funds Protected Against Debt Collection
11
New York State Senate. New York Civil Practice Law and Rules 5203 – Priorities and Liens Upon Real Property
12
New York State Senate. New York Civil Practice Law and Rules 5230
13
New York State Senate. New York Civil Practice Law and Rules 5205 – Personal Property Exempt From Application to the Satisfaction of Money Judgments
14
New York State Senate. New York Civil Practice Law and Rules R5015 – Relief From Judgment or Order