Legal Question in Civil Litigation in New York

Re: Time frame to have a small claims case reopened

You do not state the grounds upon which the defendant sought to open his default, but in general, in order to open a default one must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense. As well, a motion (or order to show cause) to open a default must be brought within a reasonable time after the defendant learns of the default. I would suggest you arrange to serve your default judgments on the defendant and then take whatever steps are necessary to collect them. I believe the clerk in Small Claims Court may be able to advise you in that regard--although you appear to know about that since you mentioned going to the marshal. With regard to the defendant�s practice of serving orders to show cause to open the default and then failing to show up, if this defendant does it again, after having twice tried and defaulted, you might respond by asking the court to fine the defendant for bringing a �frivolous� motion. In that regard, 22 NYCRR 130-1.1 (a) provides that a court may impose financial sanctions in a civil action or proceeding against a party who engages in frivolous conduct. Frivolous conduct is defined by, among other things, conduct which is undertaken primarily to delay or prolong the resolution of litigation. I hope this response is helpful to you.