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CIVIL COURT OF THE CITY OF NEW YORK (NYS Unified Court System Division of Technology)

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CIVIL COURT OF THE CITY OF NEW YORK
DIRECTIVES AND PROCEDURES Class: DRP-182
Subject: Default Judgments on Category: GP-20
Purchased Debt Eff. Date: May 13, 2009
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BACKGROUND
Consumer credit actions may be commenced by a creditor who contracted directly with
the debtor or by a third party who subsequently purchased the debt/account. In the past, lenders
such as American Express did their own collections, now most lenders sell the debt to a debt
purchaser who may collect on the debt or sell the debt to a subsequent debt purchaser. Since our
procedures were based on debt collection by the original lender, we are adjusting our procedures
to include current practices of third party-debt collection. This directive will address the entry of
judgments by the clerk based upon the defendant’s failure to answer on consumer credit actions
where the debt was purchased by the plaintiff after September 1, 2009.
DIRECTIVE
When a plaintiff who is a third-party debt collector (an entity/person other than the
original lender) requests entry of a default judgment to the clerk, in addition to the requirements
of CPLR § 3215, the filer must submit the following supplemental affidavits:
C An Affidavit of Sale of Account by Original Creditor completed by the original lender,
see attached; and
C In addition, if an account which has been purchased is subsequently sold to another debt
buyer an Affidavit of the Sale of the Account by the Debt Seller must be completed by the
seller. There shall be one Affidavit of the Sale of the Account by the Debt Seller for each
sale, see attached; and
C An Affidavit of a Witness of the Plaintiff, which includes a chain of title of the accounts,
completed by the plaintiff/plaintiff’s witness, see attached.
Date 5/13/09 /s/ /s/
Fern A. Fisher Jack Baer
Deputy Chief Administrative Judge Chief Clerk
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of New York, County of ______________.
____________________being duly sworn, deposes and says:
I am over 18 and not a party to this action. I am the ________________________(title) of
____________________________ (creditor). In that position I am a custodian of the creditor’s
books and records, and am aware of the process of the sale and assignment of electronically
stored business records.
On or about ______________(date) _____________________ (creditor) sold a pool of charged-
off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to
____________________________ (debt buyer). As part of the sale of the Accounts, electronic
records and other records were transferred on individual Accounts to the debt buyer. These
records were kept in the ordinary course of business of ____________________(creditor).
I am not aware of any errors in these accounts. The above statements are true to the best of my
knowledge.
Signed this _________day of _____________, _______.
______________________________
(Name of Affiant)
Sworn before me this ________ day of ____________, _______ .
______________________________
(Notary Stamp)
FREE CIVIL COURT FORM
No fee may be charged to fill in this form.
Form can be found at: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.
AFFIDAVIT OF SALE
OF ACCOUNT
BY DEBT SELLER
State of New York, County of _____________.
____________________being duly sworn, deposes and says:
I am over 18 and not a party to this action. I am the ________________________(title) of
____________________________ (debt seller). In that position I am the custodian of the debt
seller’s books and records, and am aware of the procedures used for the sale and assignment of
electronically stored business records.
On ___________(date) ________________________(debt seller) sold a pool of charged-off
accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale
to__________________________(debt buyer) . _________________________(debt seller) had
previously bought the Accounts from ______________________on ___________________.
The original creditor was ____________________________. All records received by
_____________________________(debt seller) were received with affidavits attesting that the
records were kept in the regular course of business. The records were incorporated into the debt
sellers records and are kept in the regular course of business.
I believe that there are no errors in these accounts. The above statements are true to the best of
my knowledge.
Signed this _________day of _____________, _______.
______________________________
(Name of Affiant)
Sworn before me this ________ day of ____________, _______ .
______________________________
(Notary Stamp)
FREE CIVIL COURT FORM
No fee may be charged to fill in this form.
Form can be found at: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.
CIVIL COURT, CITY OF NEW YORK Index number __________________
COUNTY OF _________________
Plaintiff (Debt Buyer) AFFIDAVIT OF WITNESS
OF PLAINTIFF
(DEBT BUYER)
vs.
Defendant (Consumer)
State of New York, County of ______________.
____________________being duly sworn, deposes and says:
I am over 18 and not a party to this action. I am the ________________________(title) of
____________________________ (plaintiff). In that position I am the custodian of the books
and records of the debt buyer, and am aware of the procedures used for the import and storage of
records transferred from the (creditor/debt seller) and the assignment of electronically stored
business records.
Chain of Title:
Based upon the attached affidavit(s) of sale, on ___________(date)
________________________(original creditor) sold a pool of charged-off accounts by a
Purchase Agreement and a Bill of Sale to ________________________(debt buyer). As
part of that sale, electronic records of individual accounts kept in the in the ordinary
course of business of _____________________(creditor/seller) were transferred to
_____________________ (debt buyer). The defendant’s account subject of this lawsuit
was included in the purchase, and _____________________________(buyer) received
account records of the defendant. These records were incorporated into the debt buyer’s
records and kept in the regular course of business.
The account was then sold to the following debt buyers in order of occurrence:
1. _____________________________________
2. _____________________________________
3. _____________________________________
4. _____________________________________
5. _______________________________ (plaintiff).
The defendant’s account subject of this lawsuit was included in the purchase, and each debt
buyer received account records of the defendant. These records were incorporated into the debt
buyer’s records and kept in the regular course of business.
Page 4 of 5
I believe that there are no errors in these accounts. The above statements are true to the best of
my knowledge.
Signed this _________day of _____________, _______.
______________________________
(Name of Affiant)
Sworn before me this ________ day of ____________, _______ .
______________________________
(Notary Stamp)
FREE CIVIL COURT FORM
No fee may be charged to fill in this form.
Form can be found at: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.
Page 5 of 5
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Completed 15 August 2020

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