QUESTION

Can one be judged by default after submitting a wriiten response with evidence to the alleged charges?

Asked on Jun 06th, 2019 on Breach of Contract - New York
More details to this question:
A written response was submitted to the County Court Clerk with the understanding that it will be served to the Supreme Court and the Plaintiff's attorney, After having received a notice of motion for default judgement four months later, it was realized that the County Clerk only records the submittal and did not submit to the Court and the attorney. The response did get sent two weeks prior to the date of motion for default judgment in court. What action should the defendant take?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You should have hired a lawyer.  You did it wrong. You can make a motion to vacate the default, but you need to prove a meritorious defense in your motion.
Answered on Jun 09th, 2019 at 6:53 AM

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