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.
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.
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.
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.
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).