Legislation
SECTION 513
Misplacement of venue in consumer credit transactions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 5
§ 513. Misplacement of venue in consumer credit transactions. (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.
(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.
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.
(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.