NYSPPSA and Larry Yellon have again achieved another success for process servers, this time amid the issuing of new court rules regarding default judgments by the Office of Court Admission.
The court put out a press release yesterday, September 16th, outlining the new rule changes. These rules reflect the court’s intention to “prevent the entry of unwarranted default judgments in the 100,000-plus credit car d collection cases brought yearly in the state courts against ordinary consumers, including many elderly and disadvantaged New Yorkers”. A copy of the full press release can be found here.
Larry Yellon had initially placed a request to allow exceptions in the case where addresses have been verified by the Department of Motor Vehicles. As a result, the rules include a provision regarding mailed service which states:
“No default judgment based on defendant’s failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles.”
While it may seem like a small drop in the bucket given all the recent changes in New York, these concessions by the court show the impact a strong and active state association can have.