First-Paper Judgment

GUIDELINES FOR ENTERING & FILING FIRST-PAPER JUDGMENTS AGAINST A NATURAL PERSON (PERSONAL SERVICE)

1) There must be a summons. Service of Summons must be made in the county in which you are filing or in limited circumstances, in an adjoining county. UCCA § 404.

2) There must be a complaint. UCCA § 902.

3) Service must be made personally on the defendant or codefendants (service for each). CPLR §308 or CPLR § 312-a.

4) Affidavit of service must show that service was personally made at least 10 days prior to entry of judgment unless action is based upon non-payment of a contractual obligation where at least 20 days is necessary. Affidavit of service along with summons and/or endorsed complaint must be filed with the court within 20 days after service is complete. Uniform City Court Rules § 210.6.

5) Complaint must be for a sum certain. CPLR § 3215(a). Breach of a promissory note or loan agreement or where defendant failed to pay for goods or services which he contracted either orally or in writing to buy at an agreed upon price are sum certains whereby the clerk of the Court can enter judgments. Theamount in complaint must be the same as amount on statement of judgment.)

Motor vehicle accidents, personal injury cases, product liability, professional fees including, but not limited to, attorney fees, medical & dental malpractice are not sum certains. These actions must be brought via an ex parte order and approved by the Judge.

6) Where there's been a breach of a promissory note or loan agreement, or where defendant failed to pay for goods or services which he contacted either orally or in writing to buy at an agreed upon price, an affidavit of mailing stating that the summons was mailed in an envelope marked "personal and confidential" to the defendant simultaneously on or after the date of personal service was made, must be submitted with the judgment. This affidavit must show that mailing was made at least 20 days prior to entry of judgment and must be signed by the person who made the mailing. CPLR § 3215(g)(3). This requirement does not apply to actions affecting title to or possession of real property. (i.e., deeds, summary proceeding).

7) If the complaint is verified by the plaintiff, then affidavit of facts constituting the claim and the amount due is not necessary.

If the complaint if not verified by the plaintiff (i.e., not verified at all or verified by the attorney), then the affidavit of facts constituting the claim must be sworn to by the plaintiff. CPLR § 3215(f). However, when the attorney is an employee of the plaintiff and has personal knowledge of the facts, the attorney can verify the complaint without the need for an Affidavit of Facts.

8) There must be a bill of costs. If attorneys fees are requested, make sure that a Judge has signed the order.

9) There must be a Judgment. Check to see if amounts agree with those in the complaint.

10) In no event should a Judgment be entered which is more than one year from default unless a Judge has directed same.