(a) In an action arising out of a consumer credit transaction, the clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county other than the county where such summons is offered for filing.
§ 513.Misplacement of venue in consumer credit transactions
Article 5. Venue · Last amended 1973 · Last verified July 21, 2026
In one sentenceCPLR 513 stops county clerks from filing a summons in a consumer-credit lawsuit when the county is plainly wrong on its face, and it sets a special rule for when service is complete once the case is refiled in a proper county.
Full Text of CPLR 513
(b) The clerk shall indicate upon the summons the date of the rejection and shall enter such date in a register maintained by him together with the name of the counties in which the summons may properly be filed.
(c) Notwithstanding subdivisions one and three of section three hundred eight, where a summons has been rejected for filing by virtue of this section, service is complete ten days after such summons is filed in the proper county with proof of service upon the defendant of the summons, together with proof of service upon the defendant by registered or certified mail of a notice setting forth the following:
1. the proper county, 2. the date of filing of the summons, 3. the date within which the answer or notice of appearance is to be filed, and 4. the address at which it is to be filed.
Plain-English Summary
Consumer credit lawsuits, like debt-collection suits over credit cards or retail accounts, have a history of being filed in counties chosen to make it hard for the consumer to show up and defend the case, not because the county has any real connection to the transaction. CPLR 513 responds to that by putting the county clerk in the gatekeeping role from the moment the summons is offered for filing.
Under subdivision (a), the clerk must refuse to accept a summons for filing in a consumer credit action when it's clear on the face of the papers that the proper venue is a different county. The clerk records the rejection date and keeps a register of the counties where the summons could properly be filed, so there's a paper trail if the plaintiff tries again.
Subdivision (c) then handles what happens once the plaintiff refiles in a proper county: service isn't complete until ten days after the summons is filed there, and only once the defendant has also been served, by registered or certified mail, with a notice spelling out the proper county, the filing date, the deadline to answer or appear, and the address for filing. That extra layer of notice gives a consumer who was originally sued in the wrong place a real chance to learn where the case now sits and respond in time.
Frequently Asked Questions
What happens if a debt collector sues me in the wrong county in New York?
Under CPLR 513, the county clerk must reject the summons for filing if it's plain on its face that the county chosen isn't proper for a consumer credit action.
Can a court clerk refuse to accept a lawsuit for filing?
Yes, in this specific context. CPLR 513(a) directs the clerk not to accept a summons in a consumer credit action when the proper venue is plainly a different county.
What must the notice include after a summons is refiled in the correct county?
CPLR 513(c) requires notice by registered or certified mail stating the proper county, the date the summons was filed, the deadline for the answer or notice of appearance, and the address where it must be filed.
When is service considered complete under this section?
Service is complete ten days after the summons is filed in the proper county, once both the summons and the required notice have been served on the defendant.
Why does New York single out consumer credit cases for this venue rule?
The rule targets a pattern of debt-collection suits filed in distant or inconvenient counties to discourage consumers from appearing and defending themselves, and it gives the clerk a role in screening those filings before they go forward.
Does CPLR 513 override the general service rules in CPLR 308?
Yes, for this narrow purpose. Subdivision (c) sets its ten-day service rule despite the general service provisions in CPLR 308, once a summons has been rejected and refiled in the proper county.
Amendment History
Add, L 1973, ch 238, § 4, eff Sept 1, 1973.
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: venue debt collection lawsuit New Yorkwrong county lawsuit consumer creditclerk reject summons wrong venueconsumer credit lawsuit venue New YorkNew York debt collection venue rule