What Is a Default Judgment in New York? How CPLR § 3215 Works When a Defendant Ignores Your Lawsuit

You filed a lawsuit. The defendant was served with the summons and complaint. But nothing happened — no answer, no phone call, no lawyer appearing on their behalf. Weeks passed, then months. Now you are wondering: does ignoring a lawsuit mean you automatically lose?

In New York, the answer is often yes. When a defendant completely fails to participate in a lawsuit, the law gives you the right to seek a default judgment — a court ruling that you win because the other side did not bother to show up. But getting that judgment is not as simple as just asking for it. There are specific rules, hard deadlines, and technical requirements that you must follow exactly.

CPLR § 3215 is New York's default judgment statute. This guide explains exactly how it works — in plain English.

What Does It Mean to "Default" in a New York Lawsuit?

When you serve a defendant with a summons and complaint in New York, they have a legal deadline to respond. Under CPLR § 3012, a defendant who is personally served has 20 days to appear or file an answer. If they were served by other means — such as through the Secretary of State — they have 30 days.

If that deadline passes without any response, the defendant is in default. They have legally failed to participate in the case.

Here are the most common reasons a defendant defaults in New York:

• An individual ignores the lawsuit, hoping it will disappear

• A business was served through the Secretary of State but never received the papers because their registered address was outdated

• A small company missed the deadline because they did not have a lawyer monitoring their mail

• An uninsured driver failed to respond personally after an accident

• A landlord or building owner failed to forward the lawsuit to their insurance company

What Is a Default Judgment Under CPLR § 3215?

A default judgment is a court ruling in your favor when the other side fails to show up. CPLR § 3215 gives the plaintiff — the person who filed the lawsuit — the right to ask the court, or in some cases the court clerk, to enter judgment against a defendant who has failed to appear, answer, or respond.

Think of it this way: if someone challenges you to a dispute in court and then refuses to participate, at some point the rules say you win. CPLR § 3215 is that rule in New York civil litigation.

One important distinction: a default judgment is not the same as collecting money. It is a court determination that you have won the lawsuit. Collecting on that judgment — actually getting paid — requires separate enforcement steps.

What You Need to Prove: The Three-Part Test Under CPLR § 3215(f)

Under CPLR § 3215(f), a plaintiff seeking a default judgment must submit three categories of proof:

• Proof of service — You must show the court that the defendant was properly served with the summons and complaint. This is usually the process server's affidavit of service.

• Proof of the facts constituting the claim — You need an affidavit from someone with personal knowledge, or a verified complaint, establishing the elements of your cause of action. Courts have made clear this is not a rubber stamp — you still have to show your claim has merit on paper.

• Proof of default — You must show that the deadline to answer has passed and no answer was filed. An attorney affirmation citing the NYSCEF docket or court records typically suffices.

In Wong v. 75 Baxter Owner, LLC, 2026 NY Slip Op 01245 (2d Dept. 2026), a slip-and-fall plaintiff's default judgment motion was initially denied at the trial court. The Appellate Division, Second Department reversed. It held that the plaintiff had submitted all three required proofs — service, facts, and default — and that a defendant who fails to oppose the motion cannot defeat the default simply by showing up at the calendar call.

Two Paths to a Default Judgment: Sum Certain vs. Unliquidated Damages

How you obtain the judgment depends on the type of damages you are seeking.

Path 1: Sum Certain — Clerk Entry

If your claim is for a fixed, calculable amount — an unpaid invoice, a promissory note, rent arrears, or a debt with a defined interest rate — you can apply directly to the court clerk for a default judgment. The clerk can enter the judgment without a court appearance, as long as you file the three required proofs and apply within one year of the default.

This is called a "sum certain" claim because the dollar amount is not in dispute once liability is established. You signed a $50,000 contract and refused to pay? That is a sum certain.

Path 2: Unliquidated Damages — Court Motion and Inquest

If your damages are not a fixed amount — as in a personal injury case, a lost profits claim, or a pain and suffering case — you cannot go to the clerk. You must file a motion with the court. Once the default is entered on liability, the case proceeds to an inquest.

What Is an Inquest? The Damages Hearing After a Default

An inquest is a hearing where you prove what your damages are worth. Think of it as a mini-trial on the dollar amount only. The defendant has already lost on liability by defaulting — but they have not conceded the amount of damages. A judge or a court-appointed referee hears your evidence and determines what you should recover.

At a personal injury inquest, you might present:

• Medical records and bills documenting your treatment

• Expert testimony from your treating physician

• Your own testimony about pain, disability, and lost wages

• Economic expert reports quantifying future income losses

At a commercial inquest, you might present:

• Contracts, invoices, and accounting records

• Expert testimony on lost profits and economic harm

• Evidence of out-of-pocket costs caused by the breach

The numbers can be substantial. In Tri-Rail Designers & Builders, Inc. v. Concrete Superstructures, Inc., 2025 NY Slip Op 06209 (2d Dept. 2025), a construction general contractor sued a subcontractor for breach of contract. The subcontractor defaulted. After an inquest, the Appellate Division, Second Department affirmed a judgment of $946,001.86 entered on default.

The One-Year Deadline: Do Not Sleep on Your Default

This is where many plaintiffs — and sometimes their attorneys — make a costly, case-ending mistake.

Under CPLR § 3215(c), if you fail to take steps to seek a default judgment within one year of the defendant's default, the court shall dismiss your complaint as abandoned. That word "shall" is mandatory — not discretionary. Courts can dismiss your case on their own initiative, without the defendant even asking.

In Giglio v. NTIMP, Inc., 86 AD3d 301 (2d Dept. 2011), the Appellate Division, Second Department held that to avoid dismissal for abandonment under CPLR § 3215(c), a plaintiff must show two things:

• A reasonable excuse for the delay

• A potentially meritorious cause of action

Both prongs are required. If you cannot satisfy both, your case is gone.

One important clarification: you do not have to actually obtain the judgment within one year. Under Wells Fargo Bank, NA v. Daskal, 142 AD3d 1071 (2d Dept. 2016), courts have held that you only need to "take proceedings" — file the motion, submit your papers — within the one-year window. But do not wait until the last minute.

Special Rules When Suing a Business: The Additional Mailing Requirement

When your defendant is a corporation or LLC, there is a critical extra step before you can enter a default judgment. Under CPLR § 3215(g)(4), you must:

• Mail a copy of the summons to the business's last known address

• Use first class mail

• Do this at least 20 days before you seek entry of the judgment

This applies even if you already properly served the business through the Secretary of State. It is an additional notice requirement designed to give businesses one more chance to respond before a judgment is entered against them.

Miss this step and your motion will be denied — no matter how clearly the defendant is in default. In 237 E. 20 LLC v. SD Second Ave. Prop. LLC, 2026 NY Slip Op 01117 (1st Dept. 2026), the First Department affirmed denial of a default judgment in a commercial real estate dispute because the plaintiff failed to prove the required additional mailing to the LLC defendant.

Can a Defaulting Defendant Fight Back? How to Vacate a Default Judgment

Yes — but it is an uphill battle.

A defendant who has been hit with a default judgment can move to vacate it under CPLR § 5015. There are two main routes.

CPLR § 5015(a)(1) — Excusable Default

This is the most common route. The defendant must show both:

• A reasonable excuse for failing to appear or answer (for example, they never received the papers, they were seriously ill, or there was a clerical error)

• A potentially meritorious defense to the lawsuit

Both prongs are required. Vague, conclusory defenses will not work. In Rubenstein Public Relations, Inc. v. Fleet Financial Group, Inc., 2025 NY Slip Op 07235 (1st Dept. 2025), a defendant tried to vacate a default judgment entered after an inquest in a breach of contract case. The First Department denied the motion because the defendant's affidavit offered only "vague and conclusory allegations" — not a prima facie showing of a meritorious defense.

CPLR § 317 — Service Through Secretary of State

Corporations and LLCs served through the Secretary of State — rather than by personal delivery — can sometimes vacate a default under CPLR § 317. The standard is somewhat easier than CPLR 5015(a)(1): there is no "reasonable excuse" requirement. You only need to show that (1) service was not personal, (2) you lacked actual notice of the lawsuit, and (3) you have a meritorious defense. But courts will not help a business that deliberately kept a stale address on file with the Secretary of State to avoid being served.

What Damages Can You Recover in a Default Judgment?

There is one firm rule under CPLR § 3215(b): a default judgment cannot exceed the amount demanded in your complaint. If you sued for $100,000, you cannot recover $250,000 at the inquest — even if the evidence supports a higher number. This is why it is critical to plead your full damages from day one.

Subject to that cap, recoverable damages include:

• Compensatory damages — what you actually lost or suffered

• Pre-judgment interest at 9% per year under CPLR § 5004, running from the date of the breach or accident

• Attorney's fees, if authorized by your contract or a specific fee-shifting statute

• Costs of the action

• Punitive damages, if pled in the complaint and warranted by the facts

Frequently Asked Questions About Default Judgments in New York

How long does it take to get a default judgment in New York?

For sum certain claims like unpaid invoices, a clerk's entry can happen in weeks once you submit the required papers. For personal injury and other unliquidated damage claims, you will need a court motion and eventually an inquest, which can take several months to schedule and complete — particularly in busy counties like New York, Kings, or Queens.

Can a defendant answer late and still avoid a default judgment?

Yes, in some circumstances. A defendant can move under CPLR § 3012(d) for an extension of time to answer, showing a reasonable excuse and a meritorious defense. Courts generally prefer resolving cases on the merits, so a well-supported late answer motion is often granted — especially early in the case before any substantial prejudice to the plaintiff.

What happens after I get a default judgment?

A default judgment gives you a legal right to collect. The next steps involve enforcement: you can serve a restraining notice on the defendant's bank, garnish wages, have a sheriff seize non-exempt property, or place a lien on the defendant's real estate. If the defendant still will not pay, you can pursue post-judgment discovery through an information subpoena or debtor's examination to identify their assets.

What is the difference between a default judgment and a dismissal under CPLR § 3215(c)?

A default judgment is what the plaintiff gets when the defendant fails to appear and the plaintiff timely pursues the case. A CPLR § 3215(c) dismissal is what happens when the defendant failed to appear — but the plaintiff also failed to pursue the default within one year. Both sides failed to act, and the court closes the case. It is technically a dismissal without prejudice, but in practice the statute of limitations may have already expired, meaning you lose your right to sue entirely.

Default judgments are a powerful tool in New York civil litigation. But they come with real deadlines, technical requirements, and traps that can sink your case if you are not careful. Understanding these rules is part of navigating the New York court system effectively. If you want to learn more about related civil procedure rules, we have also broken down New York's motion to dismiss standard under CPLR § 3211, the summary judgment standard under CPLR § 3212, and how long you have to file a lawsuit in New York under CPLR § 214. For commercial disputes, you may also want to read about unpaid sales commissions in New York.

Whether you are a personal injury plaintiff whose defendant has gone silent, or a business owner chasing a debtor who refuses to engage with your lawsuit, knowing your rights under CPLR § 3215 can make the difference between recovering what you are owed and watching the clock run out.

If you or someone you know is dealing with a defendant who has defaulted on a lawsuit, or if you need help pursuing or defending a default judgment in New York, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.

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Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.