De novo

Latin: “To start again” A new trial.

Debtor

A person or business that owes money.

Decedent

A dead person.

Decision

A court’s judgment or decree.

Declaratory judgment

A statement by the court about the rights and legal relationships of the parties. This order does not say that anything is to be done.

Decree

A court decision or an order.

Deed-in-lieu of foreclosure

To avoid going through a foreclosure, the borrower voluntarily turns over the deed to the property to the lender. In exchange, the lender agrees that the borrower does not owe any additional debt -- allowing them to walk away from the property without a deficiency judgment, and without a foreclosure sale on their credit report.

Deem

1. To consider, think or judge. 2. To treat something as if it was really something else. For example: “The paper was deemed filed on July 5th, but it was really given to the clerk on July 12th.”

Defamation

When a person hurts another person’s character, fame, or reputation by making false and mean on purpose statements.

Default

When someone does not answer, go to court, or do what they are supposed to do by a specific time after being properly notified. This is called being "in default."

Default judgment

A court decision in favor of one side when the other side does not answer or go to court on the court date. In Housing Court it can allow the eviction of the respondent.

Defendant

In a civil case, the person, corporation or organization sued by the plaintiff. In a criminal case, the person accused of the crime. In Housing Court, this person is called the respondent.

See:

Defense

In a civil case, the facts or arguments given by the defendant to show why the plaintiff should not win. In a criminal case, the reasons why a defendant should not be convicted of the charge(s).

Defense attorney

In a criminal case, the lawyer that represents the accused person (called the "defendant").

Deficiency

After a foreclosed property is sold at auction, the money from the sale go to the lender and other lien-holders. If the sale price does not cover the amount owed, the amount still owed to the lender is called a deficiency.

Delete

To omit, leave out, or remove.

Deliberate

1. Intentional, on purpose, planned. 2. Slow in deciding. 3. Carefully considering issues and opinions before making a decision or taking some action. 4. To consider all the evidence and arguments related to a case that were presented in court.

Deliberation

1. When a jury goes into the jury room to discuss the evidence and testimony and agree on a verdict. 2. The act of carefully considering issues and opinions before making a decision or taking some action.

Delinquent

1. Failure to perform a duty or obligation. 2. A person guilty of serious anti-social or criminal behavior. 3. Past due. For example, a bill not paid on time.

Demand

In non-payment proceedings: The requirement that the landlord/owner ask the tenant for the rent before beginning a proceeding.

Demurrer

When a defendant says that the facts presented, even if true, are not enough to prove his or her responsibility.

Department of Housing and Community Renewal

(DHCR) New York State agency which regulates residential housing, rent stabilization and rent control

Department of Juvenile Justice (DJJ)

A New York City agency responsible for the Non-Secure (NSD) and Secure detention (control) of juveniles whose cases are waiting for the Family Court or waiting for transfer to other facilities.

Department of Probation

The county or city agency that is responsible for the supervision of convicted criminal defendants.

Department of Social Service (DSS)

See Human Resource Administration.