Difference between a judgment VS default judgment?

Asked about 1 year ago - Monroe, NY

is there a difference in collecting

Attorney answers (3)

  1. Rory M. Alarcon

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . There is more of a difference in terms of what you can do about the judgment. A default judgment might be able to be vacated if you have a good reason for missing the court date and a viable defense.

    Rory Alarcon, Esq., is a New York attorney practicing the areas of Family Law, Matrimonial Law, Foreclosure... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . No.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Robert K. Erlanger

    Pro

    Contributor Level 13

    Answered . The rule in New York is that cases should be decided on the merits, i.e. on the facts and legal issues raised. There is no difference between a judgment on the merits and a judgment by default in terms of collection (if you act quickly), but as a prior attorney's answer observed there is a much greater chance that a default judgment will be vacated (thrown out) precisely because it is not a judgment on the merits.

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