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Default Frequently Asked Questions

 

Why was a default decision issued against me?

You were found in default because you did not show up for your hearing on the scheduled date, time and place.

 

What can I do if I received a decision finding me in default?

If you received a decision finding you in default, you have two options:

  • Pay the penalty and any additional penalties that may have been imposed; or
  • Request a new hearing.

You may only request a new hearing once for each summons that is in default, subject to Section 6-21(e) of Title 48 of the Rules of the City of New York. The request must be submitted using the OATH-issued request form. The request can be submitted online or by mail. If the request for a new hearing is received by the OATH Hearings Division within 60 days of the date of the missed hearing date, then OATH will grant the request.

 

Can I submit my request in a language other than English?

You can submit the request form in the language you feel most comfortable using. Please note that the online form can be translated by using the "Translate This Page" black button on the top of the page and the mail-in form is available in many different languages.

 

What do I do if my request for a new hearing is granted?

If your request for a new hearing is granted, OATH will mail you a new hearing date. *You must attend the new hearing.* If your summons is one that does not require you to come to the OATH hearing in person, you can submit a defense by mail, phone, online, or video (webcam), but OATH must receive your defense on or before the new scheduled hearing date.

Enter the violation code on your summons below to learn if you are allowed to have a hearing by mail, phone, online, or video (webcam)
Get help finding your code

All summonses that are issued for a violation of the NYC Health Code (for example, restaurant, rodent and pest control, day care, swimming pool, radiation and nuisance cases) are eligible for a Hearing by Mail even if the violation code you enter below is not found.

For all other summonses, if your violation code is not found below, you must appear in person.

 

What do I do if my request for a new hearing is denied?

You will have to pay the default penalty and any additional fees or interest that may have accrued. If you do not pay the penalty, the City may file papers with the Civil Court of New York City. The Department of Finance, the agency responsible for collecting money that is owed to the City, may also start collection activities. Learn about payment options.