(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.

Terms Used In N.Y. Civil Practice Law and Rules 513

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.

(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.