If you missed a housing court date and a default judgment was entered against you — whether for eviction, possession, or a money amount — it may not be too late to undo it. New York courts allow parties to vacate (cancel) default judgments under certain circumstances, and acting quickly can restore your legal standing before an eviction is executed. This guide explains what a default judgment is, when you can vacate it, and exactly how to do it.
What Is a Default Judgment?
A default judgment is entered when one party fails to appear at a scheduled court proceeding and the court rules in the other party’s favor by default. In NYC Housing Court, this most commonly happens when a tenant:
- Does not appear on the first court date listed on the Notice of Petition
- Appears initially but misses a later scheduled date
- Fails to answer a petition within the required time
A default judgment in a nonpayment or holdover case typically awards the landlord possession of the apartment — meaning they can proceed toward eviction once a warrant is issued and executed by a marshal.
The Legal Standard: What You Must Show to Vacate
Under CPLR § 5015(a), a court may vacate a default judgment if you demonstrate:
- Excusable default: A reasonable excuse for why you missed the court date — illness, hospitalization, family emergency, failure to receive notice, confusion about the date, etc.
- Meritorious defense: That you have a valid legal defense to the underlying case — for example, you paid the rent, the apartment is rent stabilized and the landlord’s claim is improper, the eviction is retaliatory, or there is an illegal lockout component.
Both elements must be present. A good excuse with no defense, or a solid defense with no excuse, may not be sufficient on its own — though courts have discretion and Housing Court judges often apply these standards with some flexibility, particularly for pro se (unrepresented) tenants.
Act Immediately: Time Is Critical
The moment you learn a default judgment has been entered, act the same day. Once a warrant of eviction is issued and executed by a marshal, vacating the judgment becomes significantly harder. The typical sequence after default:
- Default judgment entered
- Warrant of eviction issued (can happen the same day or shortly after)
- Marshal serves a 72-hour notice
- Marshal executes the warrant — physical eviction occurs
You can attempt to vacate at any stage before physical eviction, but the urgency and difficulty increase at each step. After physical eviction, restoration becomes very difficult.
How to File an Order to Show Cause to Vacate
Step 1: Go to Housing Court Immediately
Go to the housing court in your borough the moment you learn of the default. Tell the clerk you need to file an Order to Show Cause (OSC) to vacate a default judgment. Ask to speak with the Right to Counsel help desk — if your income qualifies, an attorney can file the OSC for you and significantly strengthen your application.
Step 2: Complete the Order to Show Cause Papers
An OSC is a court application explaining why the default should be vacated. It must include:
- Your name, address, and the index number of the case
- Your excuse for missing the court date (be specific and honest — vague excuses are less persuasive)
- Your defense to the underlying case (what you would argue if the case were heard on the merits)
- Supporting documentation if available: medical records, hospital discharge papers, proof you never received the court notice, etc.
Self-represented tenants can get OSC forms at the clerk’s window. The Housing Court Help Center desk can also assist you in completing the papers.
Step 3: Get the OSC Signed by a Judge
A judge must sign the OSC before it becomes effective. The clerk will direct you to the appropriate part. Present your application to the judge. If the judge signs it, the OSC is served on your landlord, and a hearing date is set.
If a warrant has already been issued: Ask the judge to also include a stay of execution in the OSC — this halts the eviction while the application is pending. A signed stay is critical if a marshal has already served notice.
Step 4: The Hearing
At the hearing, you (or your attorney) present your excuse and defense. The landlord or their attorney can oppose. The judge decides whether to vacate the default and restore the case to the calendar for a hearing on the merits. If the default is vacated, you are back in the case as if the default never happened — and you can present your full defense.
Emergency: Marshal Has Already Served Notice
If you have received a marshal’s notice of eviction (a “72-hour notice” or “marshal’s notice”), you have a very narrow window. Go to housing court the same day. Explain to the clerk you need an emergency OSC with a stay of execution due to an imminent marshal execution. Courts handle these on an emergency basis. If the courthouse is closed, contact Legal Aid Society’s emergency line at (212) 577-3300 — they handle after-hours housing emergencies.
Free Help
- Housing Court Right to Counsel Desk: At your borough housing court — go in person immediately
- Legal Aid Society Emergency: (212) 577-3300
- Legal Services NYC: (917) 661-4500
- Housing Court Answers (phone advice): (212) 962-4795
- Eviction Free NYC: evictionfreenyc.org
Frequently Asked Questions
How long do I have to vacate a default judgment in housing court?
There is no hard deadline — you can file to vacate at any time before physical eviction, and sometimes even after. However, the longer you wait, the harder it becomes, and courts are more skeptical of delays. Act the same day you learn of the default.
I never received the court papers. Is that a good excuse?
Potentially yes, but it depends on how service was made and whether the court finds your claim credible. Improper service (papers served on the wrong person, wrong address, or in a manner not permitted by law) can be a strong basis to vacate. Document why you did not receive the papers — a previous address, evidence you were away, or an affidavit of non-receipt.
I was in the hospital when my court date was. Does that count?
Yes — hospitalization is a strong excuse. Bring your discharge paperwork or medical records showing the dates. Courts generally accept medical emergencies as excusable defaults when documented.
The marshal already came and changed my locks. Can I still get back in?
After physical eviction, restoration is very difficult but not always impossible. Contact Legal Aid Society immediately at (212) 577-3300. Courts have occasionally restored tenants post-eviction in cases of improper service or clear injustice, but this is the hardest scenario and requires urgent legal intervention.
