N.Y. CPLR § 306-D

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 306-D Additional mailing of notice in an action arising out of aconsumer credit transaction § 306-d. Additional mailing of notice in an action arising out of aconsumer credit transaction. (a) At the time of filing with the clerk ofthe proof of service of the summons and complaint in an action arisingout of a consumer credit transaction, the plaintiff shall submit to theclerk a stamped, unsealed envelope addressed to the defendant togetherwith a written notice in clear type of no less than twelve-point in size,in both English and Spanish, and containing the followinglanguage: 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 owemoney 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 moneyjudgment against you. Once entered, a judgment is good and can be usedagainst you for twenty years, and your personal property and money,including a portion of your paycheck and/or bank account, may be takenfrom you. Also, a judgment may affect your credit score and can affectyour 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 systemwebsite.Sources of information and assistance:The court encourages you to inform yourself about your options as adefendant in this lawsuit. In addition to seeking assistance from aprivate temwebsite.Sources of information and assistance:The court encourages you to inform yourself about your options as adefendant in this lawsuit. In addition to seeking assistance from aprivate attorney or legal aid office, there are free legal assistancecomputer programs that you can use online to help you represent yourselfin this lawsuit.For further information, or to locate a legal aid program near you, youmay visit the LawHelpNY website or the New York state court systemwebsite, which has information for representing yourself and links toother resources at: ___________________.(b) The face of the envelope shall be addressed to the defendant atthe address at which process was served, and shall contain thedefendant's name, address (including apartment number) and zip code. Theface of the envelope also shall state the appropriate clerk's office asits return address.(c) The clerk promptly shall mail to the defendant the envelopecontaining the additional notice set forth in subdivision (a) of thissection. No default judgment based on the defendant's failure to answershall be entered unless there has been compliance with this section, andat 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 beentered if the additional notice is returned to the court asundeliverable. Receipt of the additional notice by the defendant doesnot confer jurisdiction on the court in the absence of proper service ofprocess.(d) The chief administrative judge shall issue a Spanish translationof the notice in subdivision (a) of this section and shall maintain andpublish the URL address for the web page containing consumer resourcesfor unrepresented litigants.