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Affidavit Of Facts Upon Application For Default Judgment - New York
| Affidavit Of Facts Upon Application For Default Judgment Form. This is a New York form and can be used in General . |
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_____________________________________________ COURT __________________________________ COUNTY OF ...................................................... : Index No. : : -againstPlaintiff(s) : : : : Defendant(s) : ...................................................... STATE OF NEW YORK COUNTY OF ) ) ) ss.: AFFIDAVIT OF FACTS UPON APPLICATION FOR DEFAULT JUDGMENT (Constituting Claim, Default and Amount Due) being duly sworn, deposes and says: 1. 2. 3. 4. 5. 6. I am the plaintiff in the above captioned action, and I submit this affidavit in support of the instant application for judgment by default pursuant to CPLR § 3215. This is an action for This action was commenced on or about service of a summons and upon the defendant(s) herein. The time for the defendant(s) to answer or move with respect to the defendant(s) has/have not answered or moved with respect to the by has expired, and the The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading. Pursuant to CPLR § 3215(f)(3), additional notice of the default was duly given by * at least 20 days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at the defendant's place of residence in an envelope bearing the legend ''personal and confidential'' and not indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged debt. ** *** Proof of service of the said additional notice is annexed hereto. 7. WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $ with interest from together with the costs and disbursements of this action. Dated: Sworn to before me on (Plaintiff must sign above and type name below) * Insert ''me'' or ''my attorney(s)'', as the case may be. 3215(f)(3)(i) ** Insert any other information concerning circumstances of mailing - See CPLR § Notary Public *** Pursuant to CPLR § 3215(f)(3)(ii), the affidavit of mailing of additional notice must be executed by person mailing the notice and filed with the judgment. American LegalNet, Inc. www.FormsWorkflow.com
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