Difference between a judgment VS default judgment?

is there a difference in collecting

Monroe, NY -

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Attorney Answers (3)

Rory M. Alarcon

Rory M. Alarcon

General Practice Lawyer - Ronkonkoma, NY

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
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY


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

Robert K. Erlanger

Lawsuit / Dispute Attorney - New York, NY

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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