Affidavit Of Facts Upon Application For Default Judgment
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Affidavit Of Facts Upon Application For Default Judgment Form. This is a New York form and can be use in General.
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_____________________________________________ COURT __________________________________
COUNTY OF
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Index No.
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:
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Plaintiff(s)
-against-
AFFIDAVIT OF FACTS
UPON APPLICATION FOR
DEFAULT JUDGMENT
(Constituting Claim, Default and Amount Due)
:
:
Defendant(s)
:
......................................................
STATE OF NEW YORK
COUNTY OF
)
)
)
ss.:
being duly sworn, deposes and says:
1.
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.
2.
This is an action for
3.
This action was commenced on or about
service of a summons and
upon the defendant(s) herein.
4.
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
5.
The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading.
6.
Pursuant to CPLR § 3215(g)(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. **
7.
*** Proof of service of the said additional notice is annexed hereto.
by
has expired, and the
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:
(Plaintiff must sign above and type name below)
Sworn to before me on
*
Insert ''me'' or ''my attorney(s)'', as the case may be.
** Insert any other information concerning circumstances of mailing - See CPLR §
3215(g)(3)(i)
Notary Public
***
Pursuant to CPLR § 3215(g)(3)(ii), the affidavit of mailing of additional notice
must be executed by person mailing the notice and filed with the judgment.
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