Default Judgment in Small Claims Court New York

What Happens When the Defendant Doesn't Show

If the defendant was properly served and doesn't appear at the hearing, the judge can enter a default judgment in your favor. You still need to present your case — the judge won't just hand you the money based on your claim form alone — but with no one on the other side to challenge your evidence, the burden is much lighter.

In practice, a default hearing goes like this: the clerk calls the case, confirms the defendant isn't present, and the judge asks you to briefly explain your claim and present your evidence. If the judge is satisfied that you have a valid claim and that the defendant was properly notified, they enter judgment for the amount you've proven.

Default judgments are common in small claims court. Defendants ignore certified mail notices, underestimate the process, or hope the case will go away. It doesn't.

Proper Service Is the Prerequisite

A default judgment is only valid if the defendant was properly served with notice of the hearing. If there's any question about service — the certified mail was returned unclaimed, the address was wrong, the proof of service is incomplete — the judge may refuse to enter a default and instead give you more time to complete service.

Before the hearing, verify that service was completed:

• Certified and first-class mail: the clerk sends the notice by certified mail and a duplicate by first-class mail. A signed certified-mail receipt completes service. If certified mail is returned unclaimed or refused but the first-class mailing is not returned undeliverable, service is still treated as complete; NYC Civil Court and Town/Village Justice Court rules presume completion 21 days after mailing. If both mailings are returned undeliverable, ask the clerk how to arrange personal service and file proof with the court.
• Personal service: if a process server delivered the papers, you should have a completed Affidavit of Service on file with the court.

If service is questionable and the judge enters a default anyway, the defendant can later move to vacate the default judgment on the grounds of improper service — and they'll likely succeed.

You Still Need to Prove Your Damages

A default judgment doesn't automatically establish liability or the amount owed. At the inquest, you still need to present enough evidence and testimony to prove your claim and quantify your damages. Bring the same evidence you'd bring to a contested hearing:

• Contracts, invoices, or agreements showing the amount owed
• Receipts or estimates for repair costs
• Photographs of damage
• Bank statements showing payments made or owed
• Any correspondence with the defendant about the dispute

The judge will award what you can prove, not necessarily the full amount claimed. If you're claiming $5,000 in contractor damages but can only document $3,200 in repair estimates, expect a judgment closer to $3,200.

The Inquest — Default Judgments in NYC Civil Court

In NYC Civil Court, when the defendant fails to appear, the court may schedule an "inquest" — a brief proceeding where you present your evidence to establish the amount of damages. This can happen the same night as the original hearing or be scheduled for a separate date.

The inquest is your opportunity to walk through your evidence methodically. Bring organized, printed documents — the judge or arbitrator needs to review them and will not look at evidence on your phone. Have copies for the court file.

After the Default Judgment

A default judgment is enforceable the same way as any other judgment. The defendant owes you the amount awarded plus statutory interest (9% per annum for most claims). If they don't pay voluntarily, you can pursue collection through bank restraining notices, income execution (wage garnishment), or property liens.

One important timing note: after a default judgment is entered, the defendant has a window to move to vacate it. They need to show a reasonable excuse for not appearing (illness, never received the notice, emergency) and a potentially meritorious defense to the claim. If the judge vacates the default, the case is restored to the calendar and you'll have a full hearing where the defendant actually participates.

For a complete walkthrough of the filing process — from demand letter through hearing and collection — the New York Small Claims Filing Guide covers what to do whether the defendant shows up or not.

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