Default judgment in New York: how to set it aside

What a default judgment means and how to ask the court to set it aside, with a deadline calculator.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion (order to show cause) to vacate the default. For an excusable default, file within 1 year after you were served with the judgment and notice of its entry; you must show a reasonable excuse and a meritorious defense.

Shortest time to ask
1 year (The papers were handed to me)
Time to answer
20 days

How a default happens in New York

If you do not answer in time, the plaintiff can ask for a default judgment. In a consumer credit case it must first mail you the extra 'personal and confidential' notice and file the required affidavits. A default judgment can lead to a bank restraint or an income execution.

How to set aside a default in New York

File a motion (order to show cause) to vacate the default. For an excusable default, file within 1 year after you were served with the judgment and notice of its entry; you must show a reasonable excuse and a meritorious defense. Lack of jurisdiction (for example, improper service) or fraud can be raised later. If the summons was not handed to you personally, you may be allowed to defend within 1 year after you learn of the judgment, and no more than 5 years after it was entered.

Law: CPLR 5015(a)(1); CPLR 5015(a)(3)-(4); CPLR 317; CPLR 5015(a); CPLR 317; CPLR 3215(g)(3), (j)

Count your deadline to set aside a default

The date is counted in your browser.

If you are not sure, ask the clerk to show you the proof of service in the court file.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

The free official form

Fill in the court's own free form to ask the judge to vacate (cancel) the default: Order to Show Cause to Vacate Default Judgment (UCS-CC-2), free from NY Courts

Never got the papers? Then the court may not have had power over you, and you can ask it to vacate the judgment for that reason (lack of jurisdiction, CPLR 5015(a)(4)). Say so in the form, and ask the clerk to show you the proof of service.

The judgment in New York

Interest after the judgment

2% a year on a judgment in a consumer debt case against a person (9% for other judgments). The 2% rate also applies, going forward, to unpaid consumer debt judgments entered earlier.

How long it lasts

A money judgment is presumed paid after 20 years from when it could first be enforced. Its lien on real estate lasts 10 years; the creditor can bring an action for a renewal judgment in the year before the 10 years run out.

Law: CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014

After a judgment in New York

If you are in the military

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Your next steps in New York

  1. Get the judgment papers

    Get the judgment from the clerk; the date on it starts your time limits.

  2. Act within the time limit

    New York's rule: File a motion (order to show cause) to vacate the default. For an excusable default, file within 1 year after you were served with the judgment and notice of its entry; you must show a reasonable excuse and a meritorious defense.

  3. Explain why and show a defense

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Know what can be taken

    Until it is set aside, the judgment can be collected: read After a judgment in New York.

Free help in New York

Questions about default judgments in New York

How long do I have to answer a debt lawsuit in New York?

20 days after the summons is handed to you personally. If it was served another way (for example, left with someone at your home and mailed, or attached to your door and mailed), 30 days. In NYC Civil Court, the 30 days run from when the proof of service is filed with the clerk. The summons states the deadline.

What happens if I don't answer in New York?

If you do not answer in time, the plaintiff can ask for a default judgment. In a consumer credit case it must first mail you the extra 'personal and confidential' notice and file the required affidavits. A default judgment can lead to a bank restraint or an income execution.

How long do I have to undo a default in New York?

File a motion (order to show cause) to vacate the default. For an excusable default, file within 1 year after you were served with the judgment and notice of its entry; you must show a reasonable excuse and a meritorious defense. Lack of jurisdiction (for example, improper service) or fraud can be raised later. If the summons was not handed to you personally, you may be allowed to defend within 1 year after you learn of the judgment, and no more than 5 years after it was entered.

Related New York pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources