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New York StateUnified Court System

Tenant Affidavit to Vacate a Default Judgment

Alternate Languages Español

Ce programme pour annuler un jugement obtenu par défaut est en anglais. Une traduction française est disponible dans les menus contextuels dans le programme. Cliquez sur le lien intitulé français: c’est facile, c’est gratuit et c’est en français. Vous devez répondre en anglais sinon le tribunal rejettera vos documents.

This free and easy program will ask you questions and make papers that help you tell a judge why you missed your court date or didn’t answer a petition in a New York City nonpayment or holdover case. When you finish the program, you can print a paper called an “Affidavit in Support of an Order to Show Cause,” which you must give to the Clerk in the Housing Court. The papers ask the judge to let you come back to court.

You should only use this program if there is a judgment against you.

It is helpful to have a copy of the petition with you when you use the program.


 Go to the Tenant Affidavit to Vacate a Default Judgment program


If this program is not for you, learn more about vacating a default judgment or visit one of the Civil Court’s Help Centers and speak to a help center attorney free of charge, or you can see if there is a court

Who Can Use These Programs?
You can use DIY Forms if:

  • you're a court user and you don't have a lawyer;
  • you're a legal services provider;
  • you're a pro bono lawyer. Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.
  • you're from a low-bono (reduced fee) program recognized and authorized to use the DIY Form programs by the NYS Courts Access to Justice Program. You must submit this low-bono affirmation with the filing.

Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

Computer Requirements
In order to use DIY Form programs, make sure you have the following:

  • Attached printer

Help Using DIY Forms
See Frequently Asked Questions for help using DIY Form programs.


Please Note: It is always better to talk to a lawyer, if possible.