2023 New York Laws › VAT - Vehicle and Traffic › Title 9 - Penalties and Disposition of Fines and Forfeitures › Article 45 - Penalties and Disposition of Fines and Forfeitures › 1806-A - Default Judgment in Cases of Failure to Answer.

§ 1806-a. Default  judgment  in cases of failure to answer.  1. In the
  event a person charged with a traffic infraction does not answer  within
  the time specified, the court having jurisdiction, other than a court in
  a  city over one million population may, in addition to any other action
  authorized by law, enter a plea of guilty on behalf of the defendant and
  render a default judgment of a fine determined by the court  within  the
  amount authorized by law. Any judgment entered pursuant to default shall
  be  civil  in  nature,  but  shall  be  treated  as a conviction for the
  purposes of this section.   However, at  least  thirty  days  after  the
  expiration  of  the  original  date  prescribed  for entering a plea and
  before a plea of guilty and a default  judgment  may  be  rendered,  the
  traffic  violations bureau or, if there be none, the clerk of the court,
  shall notify the defendant by  certified  mail:  (a)  of  the  violation
  charged;  (b)  of the impending plea of guilty and default judgment; (c)
  that such judgment will be filed with the county clerk of the county  in
  which  the  operator or registrant is located, and (d) that a default or
  plea of guilty may be avoided by entering a plea or making an appearance
  within thirty days of the sending of such notice. Pleas  entered  within
  that  period  shall  be in a manner prescribed in the notice. In no case
  shall a default judgment and plea of guilty be rendered  more  than  two
  years  after  the  expiration  of  the  time  prescribed  for originally
  entering a plea. When a person has entered a plea of not guilty and  has
  demanded  a hearing, no fine or penalty shall be imposed for any reason,
  prior to the holding of the hearing which  shall  be  scheduled  by  the
  court of such city, village or town within thirty days of such demand.
2. The filing of the default judgment with the county clerk shall have
  the  full  force and effect of a judgment duly docketed in the office of
  such clerk and may be enforced in the same  manner  and  with  the  same
  effect  as  that provided by law in respect to executions issued against
  property upon judgments of a court of record  and  such  judgment  shall
  remain  in  full  force  and  effect for eight years notwithstanding any
  other provision of law.
3. Notwithstanding the provisions of subdivision one of this  section,
  a  traffic  violations  bureau  or,  if  there be none, the clerk of the
  court, shall have two years from the effective date of this act to serve
  notice upon an operator or owner of  a  motor  vehicle  charged  with  a
  traffic  violation  who  has  not answered within the time specified and
  prior to the effective date of this act.
4. In the event a person charged with a  parking  violation  does  not
  answer  within  the  time  specified,  a  traffic and parking violations
  agency may, in addition to any other action authorized by law,  enter  a
  plea  of guilty on behalf of the defendant and render a default judgment
  of a fine determined by the judicial hearing officer within  the  amount
  authorized  by  law.  Any  judgment entered pursuant to default shall be
  civil in nature, but shall be treated as a conviction for  the  purposes
  of  this  section. However, at least thirty days after the expiration of
  the original date prescribed for entering a plea and before  a  plea  of
  guilty  and  a default judgment may be rendered, the traffic and parking
  violations agency shall notify the defendant by certified mail:  (a)  of
  the  violation  charged; (b) of the impending plea of guilty and default
  judgment; (c) that such judgment will be filed with the county clerk  of
  the  county in which the operator or registrant is located, and (d) that
  a default or plea of guilty may be avoided by entering a plea or  making
  an  appearance  within  thirty days of the sending of such notice. Pleas
  entered within that period shall  be  in  a  manner  prescribed  in  the
  notice.  In  no  case  shall  a  default  judgment and plea of guilty be
  rendered more than two years after the expiration of the time prescribed
  for originally entering a plea. When a person has entered a plea of  not

  guilty  and  has demanded a hearing, no fine or penalty shall be imposed
  for any reason, prior to the holding  of  the  hearing  which  shall  be
  scheduled  by  the  traffic  and parking violations agency within thirty
  days of such demand.
5. If a motor vehicle which is owned by a rental or leasing company is
  ticketed  for  a  traffic infraction, the municipality shall not enter a
  default judgement under this  section  against  the  rental  or  leasing
  company  if,  when the municipality sends the notice to the company, the
  company sends to the municipality within fifteen  days  a  copy  of  the
  rental  or leasing agreement covering that vehicle on that date with the
  name and address of the lessee clearly legible. If this  information  is
  not  sent  to  the municipality within such fifteen day time period, the
  municipality shall  proceed  under  this  section  to  enter  a  default
  judgement  and  the  rental  or  leasing company shall be liable for the
  traffic infraction.