Default FAQ
  1. Can I have a hearing if my ticket is in default?
  2. How can I submit my Motion to Vacate Form?
  3. How long does it take to get a response from ECB to a request to vacate a default?
  4. Can I submit an Motion to Vacate if I am not the respondent named on the Notice of Violation?
  5. Why do I have to come for a hearing when I already sent in all my evidence to the Special Motions Part?
  6. I was given a hearing date after filing a motion to vacate a default. Can I change this date?
  7. I submitted a Motion to Vacate Form but I have not received a response, what should I do?

 

  1. Can I have a hearing if my ticket 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.

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  2. How can I submit my Motion to Vacate Form?
    You can submit an Motion to Vacate form:
    1.  At any ECB location
    2. By mail
    3. By fax
    4. Online 

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  3. How long does it take to get a response from ECB to a request to vacate a default?
    Please allow approximately 30 days for your request to be processed. You will get a decision by mail.

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  4. Can I submit an Motion to Vacate if I am not the respondent named on the Notice of Violation?
    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.

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  5. Why do I have to come for a hearing when I already sent in all my evidence to the Special Motions Part?
    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.

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  6. I was given a hearing date after filing a motion to vacate a default. Can I change this date?
    You may reschedule this date once. To change the date of your hearing call ECB Customer Service at 1-844-OATH-NYC (1-844-628-4692). You must appear on the new reschedule date.

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  7. I submitted a Motion to Vacate 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 Customer Service at 1-844-OATH-NYC (1-844-628-4692).

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Resources
ECB Calendar
ECB Legal Resources
ECB Decisions

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