The New York State Professional Process Servers Association (NYSPPSA) has submitted comments in response to proposed reforms to consumer credit collection cases.
The April 30th memo calling for comments includes a number of items, all aimed at preventing unwarranted default judgments. One of the items states “The court will not enter default judgment in any case where the additional notice is returned to the court because of a wrong or unknown address”. Currently in New York, after three attempts to serve an individual are made, the process server can then post the summons and complaint and then must also mail a certified copy. Under the new proposal, the court would not be able to enter a default judgment if the mailed copy comes back as the incorrect address.
The NYSPPSA response points out a 2009 rule, 208.6(h), which allows a default judgment to be entered when the address is obtained through a certified abstract and matches the summons and complaint.
You can read a copy of NYSPPSA’s response and the memo here.
