Difference between a judgment VS default judgment?

is there a difference in collecting

Monroe, NY -

Attorney Answers (3)

Rory M. Alarcon

Rory M. Alarcon

General Practice Lawyer - Ronkonkoma, NY
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
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

No.

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
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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