§ 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
Full Text of CPLR 306-d
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.