United States · New York civil procedure
When must a plaintiff take default-judgment proceedings?
CPLR 3215(c) requires proceedings for entry of judgment within one year after default, subject to its sufficient-cause exception.
- Period
- 1 years
- Trigger
- Independently established actual default of this defendant
- Rule
- CPLR 3215(c), (d), (f)
Current official provision, website revision from 2023-11-03. Reviewed. A revision label is not an inferred effective date.
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Which event starts the CPLR 3215(c), (d), (f) requirement?
Establish this defendant’s actual default using valid service, the applicable response or trial event and any extension.
Identify and preserve the proceedings actually taken for entry of judgment, not merely a demand letter.
Responsible actor. The plaintiff seeking entry against this defaulting defendant. The CPLR 3215(c) proceedings-for-entry boundary. It does not require the court to finish entering judgment within one year.
CPLR 3215(c), (d), (f)How is the calendar-month or year boundary calculated?
- Establish this defendant’s actual default using valid service, the applicable response or trial event and any extension.
- Identify and preserve the proceedings actually taken for entry of judgment, not merely a demand letter.
- Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
- Take legally sufficient proceedings for entry within the year and supply the default-judgment proof required by section 3215(f). Preserve completed application and service records.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 30, corresponding calendar monthWhat does the independently derived example establish?
Fictitious example
The CPLR 3215(c) proceedings-for-entry boundary. It does not require the court to finish entering judgment within one year. Fictitious established facts. The CPLR 3215(c) proceedings-for-entry boundary. It does not require the court to finish entering judgment within one year.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established actual default of this defendant | September 1, 2026 |
| Disclosed statutory component | 1 years | Wednesday, September 1, 2027 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Entry versus proceedings
- The statute concerns taking proceedings for entry. A later court entry is a different event.
- Sufficient cause
- Absent timely proceedings, the complaint is subject to abandonment dismissal unless sufficient cause is shown.
- Multiple defendants
- A timely application under section 3215(d) can seek coordinated proceedings after disposition against an answering defendant.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- The CPLR 3215(c) proceedings-for-entry boundary. It does not require the court to finish entering judgment within one year.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about CPLR 3215(c), (d), (f)
When must a plaintiff take default-judgment proceedings?
Does every defendant share the first default date?
No. Establish the particular defendant’s default and any applicable multiple-defendant order.
CPLR 3215(c), (d), (f)Must the judge enter judgment before the year ends?
Section 3215(c) requires proceedings for entry within the year.
CPLR 3215(c), (d), (f)Does my letter asking for payment prove default proceedings?
This calculator cannot decide legal sufficiency. Retain the actual court application and required proof.
CPLR 3215(c), (d), (f)Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| CPLR 3215(c), (d), (f) | The particular actor, event, period and required act |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |