Legal Question in Civil Litigation in New York

Re: How Do I get my day in court?

You need to file something called an order to show cause. Essentially, you will be asking the Court to "stay enforcement of the judgment" pending a decision on your application, and also be asking that the judgment be vacated, to deem the allegations of the complaint denied by you as and for an answer, and to set the matter down for a new trial.

In order to succeed on your motion, you will have to demonstrate (first on the papers) that you have (i) reasonable excuse for being in default and not timely answering the complaint, and (ii) that you have a meritorious defense to the allegations made against you.

If you absolutely cannot hire a lawyer, then go to the local court and find out if they have a form order to show cause for you to use.

Re: How Do I get my day in court?

Go to the local law library and get a copy of the New York Civil Pracites Rules. Enter and answer and appearance pro se, file an appropriate motion to vacate and restore the case to the trial list. Conduct your pre-trial discovery (per and in accordance with the NYCPLR) and file appropriate motions based on the facts of your case and research. Be prepared at trial to enter your evidence (read the Rules of Evidence at the law library) and be sure to give timely notice of witnesses as well as issue appropriate summonses, and be familiar with NYCPLR as the matter proceeds.

This e-mail is not intended as and should not be construed in any way to constitute legal advice. Rather, this e-mail is a general outline of steps necessary for you to gain the knowledge to represent yourself in a proceeding and does nto contemplate any facts, defenses, counterclaims or statute of limitations problems as such information was not provided.