Last Updated on December 30, 2017 by Lawrence Berezin
After default judgment, you have a better chance of winning the NY Lottery
Than getting permission to vacate a default judgment and fight your NYC parking ticket.
But for that 1 % chance that you may be able to undo a default judgment, you are required to prepare and file a “Request for Hearing after Judgment application.” to begin the painful process.
It is your only chance to dodge a default judgment bullet.
You are required to persuade an NYC parking ticket judge there was excusable neglect to fight or pay the parking ticket. Excusable neglect is a very reasonable reason why you disregarded the little, orange, epistle sticking out from under your windshield wiper for about 100 days.
What constitutes “excusable neglect if you weren’t kidnapped by Martians or locked up in a Russian prison camp in Siberia?
The Evil Empire suggests this list of possible very reasonable reasons:
- The notice was not sent to the address listed with the Department of Motor Vehicles.
- I requested a hearing and did not receive a response (submit a copy of hearing request materials).
- I had a serious medical condition when the violation was issued (submit a copy of health records).
- The vehicle was sold/transferred prior to violation issuance (submit copy of DMV plate transfer report, insurance cancellation report and transfer paperwork).
- I reported my vehicle stolen before the violation(s) was issued (submit a copy of police report and insurance company report).
- The violations were issued to plate(s) that were stolen from my car (submit a copy of police report and insurance company report).
- I serve in the military and am covered by the Soldiers and Sailors Act (submit proof of active military service at the time the judgment was entered).
- I was incarcerated.
- I was not in the United States at the time.
A Substantial Defense to the violation
In addition to excusable neglect, you must present a “substantial defense” to the NYC parking ticket. For example:
- I sold/transferred my vehicle before the violation was issued (submit a copy of title transfer).
- I reported my vehicle stolen before the violation was issued (submit a copy of police report and insurance cancellation report).
- Violations were issued to a plate(s) that was/were stolen (submit a copy of police report and insurance cancellation report).
- The violation is defective [best reason!!].
Not even my favorite cowboy can help.