Corporate Default Judgements/Notice To Appear
- updated: Aug. 27, 2021
If your company received a Notice To Appear in Nassau District Court, like the one below, and the court date has not passed, an appearance on the court date will prevent a default conviction from being entered. The law requires corporations to be represented by an attorney. Failure to appear on that court date will result in default convictions being entered.
If your company failed to appear on the date on the Notice To Appear, the company may have been fined thousands of dollars for having been found "guilty in absentia" of trucking violations. Did your company receive a notice like this?
Or, did your company receive a demand from a collections agency to pay the fines? There is an alternative to paying the fines. The remedy is a written application to vacate the default convictions called a "motion". To be successful, the application must set forth a reasonable excuse for having failed to appear and a defense to the charges. For example, the driver failed to turn in the tickets to the company and the violations were corrected. I have had thousands of dollars in default convictions for companies vacated in the Nassau County 1st District Court. (and New York City Criminal Courts). Once the guilty pleas are vacated, the case is restored to the calendar and I can present evidence in your defense to work out a plea agreement/settlement.