This is one of the procedures covered in how New York’s small claims courts work. It explains what a default judgment is, how a claimant obtains one when the other side does not appear, what happens when the claimant is the no-show, and how a defendant asks the court to undo a default.
What a default judgment means in small claims
A default judgment is a judgment entered against a party who fails to appear or defend the case. The general rule sits in CPLR 3215: when a defendant has “failed to appear, plead or proceed,” the party seeking relief may apply for a default judgment.
Small claims defaults work differently from defaults in a regular civil case. The court does not enter judgment merely because the defendant is absent. The claimant has to present proof, and several of the formalities that protect defendants in ordinary cases are relaxed. Under CPLR 3215(g), the extra 20-day notice that a creditor normally must mail before taking a default on a consumer debt does not apply to “cases in the small claims part of any court.”
Either side can end up in default. If the defendant does not appear, the claimant can win after an inquest. If the claimant does not appear, the case is dismissed instead. In New York City, these cases run through the Small Claims Part of the Civil Court, which as of 2026 hears claims up to $10,000; suing in New York City’s Small Claims Court covers that forum in detail, and the Civil Court’s small claims information page sets out the limit.
How a claimant gets a default judgment
When the clerk calls the case and the defendant does not answer, the court directs an inquest, a short hearing where the claimant presents the case to a judge or arbitrator even though the defendant is absent. A claimant who proves the claim wins a default judgment; a claimant who cannot prove it can still lose.
Answer the calendar call
Arrive on the hearing date and respond when the clerk calls the case. If the defendant is not present when the case is called, the clerk notes the absence and refers the matter for an inquest rather than a contested trial.
Present proof at the inquest
The claimant testifies and submits the same evidence a contested hearing would require: contracts, receipts, photographs, repair estimates, and any witnesses. The judge or arbitrator decides whether the proof establishes the claim and the amount owed.
Receive the Notice of Judgment
After the inquest, the court mails a Notice of Judgment to both parties stating who won and how much is owed. The party who must pay is the judgment-debtor; the party owed the money is the judgment-creditor.
For a claim that is for a “sum certain” (a fixed, calculable amount), CPLR 3215(a) allows a clerk to enter the default judgment on submission of proof, and that application must be made within one year of the default. If a claimant waits longer than one year without moving for judgment, the court can dismiss the claim as abandoned.
When the claimant misses the hearing
A default is not only a defendant’s problem. If the claimant fails to appear when the case is called, the court dismisses the claim, as the New York Attorney General’s Guide to Small Claims Court explains. The defendant does not win money in that situation; the case ends without a decision on the merits.
A claimant whose case was dismissed for failing to appear can ask the court to restore it. The request is made to the same court, and the claimant explains the reason for the absence. Restoring a dismissed claim and vacating a judgment entered against a defaulting defendant follow parallel logic: both ask the court to set aside the consequence of a missed appearance and give the case a fresh hearing date.
Vacating a default judgment
A defendant who lost by default can ask the court to vacate, or cancel, the judgment. The authority is CPLR 5015, which lets the court that rendered a judgment relieve a party from it. According to the New York courts’ guidance on vacating a default judgment, the two most common grounds are an excusable default and a lack of personal jurisdiction caused by improper service.
An excusable default requires two things: a reasonable excuse for missing the hearing and a meritorious defense, which is a real argument that the debt is not owed or is owed in a smaller amount. The improper-service ground applies when the defendant was never properly served and so never had a fair chance to appear.
A defendant typically starts the process with an order to show cause or a motion filed at the court that entered the judgment, explaining the excuse and the defense. If the court grants the request, it re-opens the case and sets a new hearing date, and the other side can no longer rely on the vacated default. The parties can also resolve a default by agreement: under CPLR 5015(b), the clerk may vacate a default judgment when both sides file a signed stipulation consenting to it.
Collecting on a default judgment
A default judgment is enforceable like any judgment entered after a contested trial. Once the 30-day payment window passes without payment, the judgment-creditor can take steps to collect. Collection methods include an information subpoena to locate the debtor’s assets, a property execution against bank accounts, and an income execution against wages. The wage route is capped by statute, and the mechanics are covered in wage garnishment in New York.
A default judgment that is later vacated stops being collectible. That is why a defendant who has a genuine excuse and a defense acts promptly, and why a creditor confirms that the time to vacate has closed before spending money on enforcement.
Frequently asked questions
How long do I have to vacate a default judgment in New York?
It depends on the reason. A motion based on excusable default must be filed within one year after the defendant is served with a copy of the judgment, under CPLR 5015(a). If the ground is improper service (the defendant was never properly served), there is no fixed deadline, because the court never had jurisdiction in the first place.
What happens if the defendant doesn’t show up to small claims court?
The court holds an inquest. The claimant presents proof of the claim to a judge or arbitrator, and if the proof establishes the claim, the court enters a default judgment for the amount it finds is owed. The defendant’s absence does not by itself guarantee the claimant a win; the claim still has to be proven.
Can a default judgement be reopened if I was never served?
A defendant who was not properly served can move to vacate the judgment on the ground that the court lacked personal jurisdiction. New York courts treat improper service as having no time limit for a vacate motion. If the court agrees the service was defective, it vacates the judgment and the case starts over with a new hearing date.
Does the claimant still have to prove the case if the defendant defaults?
Yes. New York small claims practice requires the claimant to present evidence at an inquest even when the defendant is absent. The judge or arbitrator weighs that proof and can award less than the claimant asked for, or nothing, if the evidence falls short.
What happens if I miss my own small claims hearing as the claimant?
The court dismisses the claim rather than entering a default against the defendant. A claimant who missed the hearing for a valid reason can ask the same court to restore the case, explaining the absence and requesting a new date.