2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 306-D - Additional Mailing of Notice in an Action Arising Out of a Consumer Credit Transaction.

§  306-d.  Additional  mailing of notice in an action arising out of a
consumer credit transaction. (a) At the time of filing with the clerk of
the proof of service of the summons and complaint in an  action  arising
out  of a consumer credit transaction, the plaintiff shall submit to the
clerk a stamped, unsealed envelope addressed to the  defendant  together
with  a  written  notice  in  clear type of no less than twelve-point in
size,  in  both  English  and  Spanish,  and  containing  the  following
language:
ADDITIONAL NOTICE OF LAWSUIT
 
(NAME OF COURT)
(COUNTY)
(STREET ADDRESS, ROOM NUMBER)
(CITY, STATE, ZIP CODE)
 
(NAME OF DEFENDANT)
(ADDRESS OF DEFENDANT)
 
Plaintiff:
Defendant:
Name of original creditor, unless same:
Index number:
 
Attention:  a  lawsuit  has been filed against you claiming that you owe
money for an unpaid consumer debt.
You may wish to contact an attorney.
You should respond to the lawsuit as soon as  possible  by  filing  an
"answer" which may be done at the court clerk's office listed above.
If  you  do  not  respond  to the lawsuit, the court may enter a money
judgment against you. Once entered, a judgment is good and can  be  used
against  you  for  twenty  years,  and your personal property and money,
including a portion of your paycheck and/or bank account, may  be  taken
from  you.  Also, a judgment may affect your credit score and can affect
your ability to rent a home, find a job, or take out a loan.
You CANNOT be arrested or sent to jail for owing a debt.
Additional information can be found at the New York state  court  system
website.
Sources of information and assistance:
The  court  encourages  you  to  inform yourself about your options as a
defendant in this lawsuit. In addition  to  seeking  assistance  from  a
private  attorney  or  legal aid office, there are free legal assistance
computer programs that you can use online to help you represent yourself
in this lawsuit.
For further information, or to locate a legal aid program near you,  you
may  visit  the  LawHelpNY  website  or  the New York state court system
website, which has information for representing yourself  and  links  to
other resources at: ___________________.
(b)  The  face  of the envelope shall be addressed to the defendant at
the  address  at  which  process  was  served,  and  shall  contain  the
defendant's name, address (including apartment number) and zip code. The
face  of the envelope also shall state the appropriate clerk's office as
its return address.
(c) The clerk promptly  shall  mail  to  the  defendant  the  envelope
containing  the  additional  notice set forth in subdivision (a) of this
section. No default judgment based on the defendant's failure to  answer
shall be entered unless there has been compliance with this section, and
at least twenty days have elapsed from the date of mailing by the clerk.
No  default judgment based on the defendant's failure to answer shall be

entered  if  the  additional  notice  is  returned  to  the   court   as
undeliverable.  Receipt  of  the additional notice by the defendant does
not confer jurisdiction on the court in the absence of proper service of
process.
(d)  The  chief administrative judge shall issue a Spanish translation
of the notice in subdivision (a) of this section and shall maintain  and
publish  the  URL address for the web page containing consumer resources
for unrepresented litigants.