Legal Question in Family Law in New York
My spouse recently got a default judgment against me, but I was (and would swear under oath) never served with notice by the court. Thus I will be filing a motion to vacate a default judgment. However, before I proceed with that I did just have a couple of questions:
1) Is there a time limit, statute of limitations, etc. on how long you have to file a motion to vacate a default judgment after it has been entered? Like 20 days, 30 days, etc.?
2) Can the plaintiff get WHATEVER they ask for in the case of a default judgment? For instance, my spouse and I never appeared before the court yet so I was never able to present any equitable distribution documentation to support my side, and I wasn't sure if a judge would then go and grant 100% interest in our marital home to my spouse.
1 Answer from Attorneys
Q. 1) Is there a time limit, statute of limitations, etc. on how long you have to file a motion to vacate a default judgment after it has been entered? Like 20 days, 30 days, etc.?
A. Technically, none. However, the quicker the better.
Q. 2) Can the plaintiff get WHATEVER they ask for in the case of a default judgment? For instance, my spouse and I never appeared before the court yet so I was never able to present any equitable distribution documentation to support my side, and I wasn't sure if a judge would then go and grant 100% interest in our marital home to my spouse.
A. That depends on the judge after inquest.
Mike.
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