Default FAQ
  1. Can I have a hearing if my summons is in default?
  2. How can I submit my "Request for a New Hearing after a Failure to Appear (Motion to Vacate)" Form?
  3. How long does it take to get a response on my request for a new hearingt?
  4. Can I submit a request for a new hearing after a default if I am not the respondent named on the summons or notice?
  5. Why do I have to come for a hearing when I already sent in all my evidence with my request for a new hearing?
  6. I was given a hearing date after filing a request for a new hearing. Can I change this date?
  7. I submitted a “Request for a New Hearing after a Failure to Appear” form but I have not received a response, what should I do?

 

  1. Can I have a hearing if my summons is in default?
    No. However, you may request that the default be removed and have a hearing. You must complete and submit a "Motion to Vacate a Default Form” (“SMP Form”) to request to have your case reopened. The form is available online or at any ECB location.

    [back to top]

  2. How can I submit my “Request for a New Hearing after a Failure to Appear (Motion to Vacate)” Form?
    You can submit an Motion to Vacate form:
    1.  At any OATH location
    2. By mail
    3. By fax
    4. Online 

    [back to top]

  3. How long does it take to get a response on my request for a new hearing?
    Please allow approximately 30 days for your request to be processed. You will get a decision by mail.

    [back to top]

  4. Can I submit a request for a new hearing after a default if I am not the respondent named on the summons or notice?
    Depends. If you are not the named respondent you must submit a written statement explaining your relationship to the named respondent or property and whether you are authorized to represent the named respondent.

    [back to top]

  5. Why do I have to come for a hearing when I already sent in all my evidence with my request for a new hearing?
    The Special Motions Part only addresses whether or not to remove the default and schedule a hearing. SMP does not decide the merits of the case or any defenses.

    [back to top]

  6. I was given a hearing date after filing a request for a new hearing. Can I change this date?
    You may reschedule this date once. To change the date of your hearing call the Clerk’s Office at 1-844-OATH-NYC (1-844-628-4692). You must appear on the new reschedule date.

    [back to top]

  7. I submitted a “Request for a New Hearing after a Failure to Appear” form but I have not received a response, what should I do?
    Please allow approximately 30 days for your request to be processed. If you do not receive a decision after 30 days, call OATH’s Clerk’s Office at 1-844-OATH-NYC (1-844-628-4692).

    [back to top]


Resources
ECB Hearings OpenData Portal
ECB Board Meeting Calendar
Legal Resources
Appeal Decisions
Hearings Division Rules
Glossary of Legal Terms

Ticket-Issuing Agencies
Business Integrity Commission (BIC)
Department of Buildings (DOB)
Department of Environmental Protection (DEP)
Fire Department (FDNY)
Department of Health & Mental Hygiene (DOHMH)
Department of Information Technology and Telecommunications
(DoITT)

Landmarks Preservation Commission (LPC)
Department of Parks
& Recreation (DPR)

Police Department (NYPD)
Department of Sanitation
(DSNY)

Department of Small Business Services (SBS)
Department of Transportation (DOT)