Affidavit in Support of Order to Show Cause to Vacate a Judgment and to Restore to the Calendar

If an affiant wishes to request the vacating of a judgment, the following affidavit has to be executed in order to make that request to the court.

Extracted Text for Proper Search

Civil Court of the City of New York

[PLEASE PRESS HARD]

Index No.

COUNTY OF 
AFFIDAVIT IN SUPPORT OF

ORDER TO SHOW CAUSE

To Vacate a Judgment and to Restore

 to the Calendar

Claimant(s)/Plaintiff(s).
Address:

against

Defendant(s),
State of New York, County of

ss.:

I being duly sworn, deposes and says:

Defendant's Initials 
1.

a) I am the party named as defendant in the above entitled action.

PARTY

2. 
a) I have been served with a summons and complaint in this action [NOTE: If Small Claims skip #3, go to #4.]

SERVICE 
b) I have not been served, and my first notice of legal action was [NOTE: If you complete any of #2b, skip #3,
#4 & #5, go to #6].
a notice of Default Judgment mailed to me.
a Restraining Notice on my bank account.

a copy of an Income Execution served on

Other:

3. 
a) I did not appear and answer in the Clerk's Office because: [NOTE: If you complete #3a, skip to #6.]

APPEAR-

b) I did appear and answer in the Clerk's Office

ANCE

and I received a date for trial.

but the answer was entered late. 
Other:

4. 
On the Date of Trial before Judge/Arbitrator

TRIAL 
a stipulation (a written agreement) was made between claimant/plaintiff and defendant.

a judgment was entered after the trial. 
a judgment was entered against me by default for my failure to appear. 
Other:

5. 
My reason for not

EXCUSE 
complying with the stipulation is

following the order of the Court is

appearing in court on the date scheduled for trial is

Other:

6. 
I allege that I have a good defense because:

DEFENSE

7. 
a) I have not had a previous Order to Show Cause regarding this index number.

PRIOR 
b) I have had a previous Order to Show Cause regarding this index number but I am making this further

8. 
I request that the Judgment be vacated, that the case be restored to the calendar, and permission to serve these 
day of

Sworn to before me this

 20

(Signature of Defendant)
(Signature of Court Employee and Title) 
application because
papers in person. .
.

CIV-GP-17 (Revised 11/02) 
FREE CIVIL COURT FORM
No fee may be charged to fill in this form.
Form can be found at: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.