§ 306-d.Additional mailing of notice in an action arising out of a consumer credit transaction.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 2022 · Last verified July 21, 2026
In one sentenceCPLR 306-d requires plaintiffs in consumer credit lawsuits to give the clerk a stamped envelope and a bilingual plain-language notice explaining the suit, which the clerk mails to the defendant before any default judgment can be entered.
(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.
Plain-English Summary
Consumer debt cases are notorious for ending in default, often because the defendant never grasped what the paperwork meant. Section 306-d addresses that gap directly. At the time the plaintiff files proof of service in a consumer credit transaction case, the plaintiff must also give the clerk a stamped, unsealed envelope addressed to the defendant, along with a notice printed in at least twelve-point type, in English and Spanish, that warns the defendant a lawsuit claims an unpaid debt, urges the defendant to respond by filing an answer, and spells out what a money judgment can mean: it can last twenty years, it can reach wages and bank accounts, and it can hurt a credit score and the ability to rent, work, or borrow. The notice also makes clear that no one goes to jail over a debt, and it points defendants toward free legal help and the New York court system's self-help resources.
The mechanics are specific. The envelope must be addressed to the defendant at the address where process was served, show the defendant's name, address, and zip code, and carry the clerk's office as the return address. The clerk mails it promptly, and no default judgment for failing to answer can be entered unless that mailing happened, at least twenty days have passed since the mailing, and the notice wasn't returned as undeliverable.
This additional notice sits alongside, not in place of, the service rules in Article 3. Receiving it doesn't create jurisdiction over the defendant on its own -- proper service of process still has to happen under whichever section applies to that defendant, such as CPLR 308 for an individual. Consumer credit summonses already have to carry the phrase "consumer credit transaction" under CPLR 305, and this section builds a second layer of notice on top of that requirement.
Frequently Asked Questions
What is the CPLR 306-d additional notice requirement?
It requires the plaintiff in a consumer credit transaction case to supply a stamped envelope and a bilingual plain-language notice about the lawsuit, which the clerk mails to the defendant before a default judgment can be entered.
Why do consumer debt lawsuits require a bilingual notice in New York?
Because defaults are common in debt collection cases, and the notice is designed to make sure defendants who might not otherwise understand the papers know a suit is pending and what a judgment could mean for them.
Can a default judgment be entered without the CPLR 306-d notice?
No. No default judgment for failure to answer can be entered unless the clerk has mailed the notice and at least twenty days have passed since the mailing.
What happens if the mailed notice is returned as undeliverable?
No default judgment based on the defendant's failure to answer can be entered if the additional notice comes back to the court as undeliverable.
Does receiving the CPLR 306-d notice give the court jurisdiction?
No. The statute makes clear that receipt of the additional notice does not confer jurisdiction on the court absent proper service of process.
Amendment History
L 2021, ch 593, § 5, effective May 7, 2022.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as:consumer credit lawsuit notice New Yorkdebt collection lawsuit bilingual notice New Yorkadditional notice default judgment CPLRNew York consumer debt case notice requirement