A New York Summons with Notice is a short filing under CPLR 305(b) that starts a Supreme Court or County Court lawsuit before you’ve drafted a full complaint. You attach a brief notice describing your claim and the relief you want, file it with the county clerk to get an index number, and lock in your filing date.1FindLaw. New York Code CVP Rule 305 – Summons; Supplemental Summons, Amendment It’s the tool of choice when a statute of limitations is about to run and you need to preserve the case now, complaint later. Once filed, you still have to serve the defendant, and the defendant can force you to produce the full complaint on a tight schedule.
What Goes on the Form
The official form is a PDF from the New York State Unified Court System.2New York State Unified Court System. New York Summons with Notice Form Most of it is routine identification: the full legal names of every plaintiff and defendant in the caption, the county where you’re filing, and the addresses and phone numbers for each party. Leave the index number and purchase date blank; the clerk assigns those when you file.
Two fields carry most of the weight.
The nature of the action should name the legal theory, not just the grievance. “Breach of contract,” “negligence,” “fraud,” “personal injury.” Keep it concise, but specific enough that the defendant can tell what they’re defending.
The default judgment amount is the single number that matters most. If the defendant never responds, the clerk can enter judgment for exactly that sum plus costs and interest.3New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment Set it too low and you’ve capped your own recovery. Leave it blank and the summons is defective under CPLR 305(b). Medical malpractice actions are the one exception; you describe the claim and relief but omit the specific dollar figure.1FindLaw. New York Code CVP Rule 305 – Summons; Supplemental Summons, Amendment
You also need to state the date from which you’re claiming interest, and to check a box explaining your venue basis. Venue in New York generally belongs in the county where a party lived when the action was filed, or where a substantial part of the underlying events happened.4New York State Senate. New York Code CVP 503 – Venue Based on Residence If no party lives in New York, you can pick any county. Choose one you can defend if challenged; a wrong venue doesn’t kill the case, but the defendant can move to change it and cost you time.
Two case types carry extra requirements worth flagging. A summons in a matrimonial action must print specific identifying language on its face (“Action for a divorce,” “Action for a separation,” and so on) and must specify any ancillary relief such as custody or equitable distribution; without that language on the copy the spouse actually received, no default is available.5New York State Senate. New York Domestic Relations Law 232 – Summons; Matrimonial Action Consumer credit collection cases require an additional bilingual notice (Form UCS-CCR1) mailed by the clerk, and no default can be entered until at least 20 days after that mailing.6New York Courts. Consumer Credit Reform
Filing with the Clerk
Filing the summons with notice with the county clerk is what officially starts the lawsuit.7New York State Senate. New York Code CVP 304 – Method of Commencing Action or Special Proceeding The clerk assigns an index number, which then appears on every document for the life of the case. The fee is $210.8New York Courts. New York State Filing Fees
Most Supreme Court filings go through NYSCEF, the state’s electronic filing system.9New York State Unified Court System. New York State Courts Electronic Filing Attorneys log in with their Attorney Online Services credentials; unrepresented litigants create an account through the “Unrepresented Litigants” link on the NYSCEF homepage.10New York State Unified Court System. NYSCEF System User Manual You select the court, county, and case type, enter the parties exactly as they appear on the summons, upload the summons as a text-searchable PDF/A, and pay by card. The billing address on the card must match the address in your NYSCEF profile or the payment will be rejected.
Once NYSCEF processes the filing, it timestamps the case and issues the index number. Write the index number and purchase date on the summons before you serve anyone.
Serving the Defendant Within 120 Days
After filing, you have 120 days to serve the defendant.11New York State Senate. New York Code 306-B – Service of the Summons and Complaint, Summons With Notice Miss that window and the court can dismiss the action without prejudice. The person who delivers the papers must be at least 18 and cannot be a party to the case, so you cannot serve your own summons.
Individuals
CPLR 308 sets out four methods, in rough order of preference:12New York State Senate. New York Code CVP – Personal Service Upon a Natural Person
- Hand the summons directly to the defendant anywhere in New York. This is the cleanest option and triggers the shortest response deadline.
- Substitute service: deliver to a person of suitable age and discretion at the defendant’s home, workplace, or usual residence, and then mail a copy to the last known address. Delivery and mailing must be within 20 days of each other, and proof of service is filed within 20 days of the later step.
- Nail-and-mail: available only after diligent attempts at the first two methods. Affix the summons to the door of the home or workplace and mail a copy, following the same timing rules.
- Court-ordered service: if the first three are impracticable, ask the court to authorize an alternative method.
Corporations and Government Entities
To serve a corporation, deliver the summons to an officer, director, managing or general agent, cashier, or any agent authorized to accept service. A business corporation can also be served through the Secretary of State under Business Corporation Law Section 306.13New York State Senate. New York Civil Practice Law and Rules Law 311 – Personal Service Upon a Corporation or Governmental Subdivision
Government defendants each have their own designated recipient. New York City is served through the Corporation Counsel. A county is served through the chair or clerk of the board of supervisors, the clerk, the county attorney, or the treasurer. Towns are served through the supervisor or clerk, villages through the mayor, clerk, or a trustee.13New York State Senate. New York Civil Practice Law and Rules Law 311 – Personal Service Upon a Corporation or Governmental Subdivision
If You Can’t Serve in 120 Days
The court can extend the deadline for good cause or in the interest of justice. Good cause typically means diligent efforts blocked by real obstacles. The interest-of-justice standard is broader; courts consider whether the statute of limitations has run, whether the defendant already had actual notice, and how long the delay was.11New York State Senate. New York Code 306-B – Service of the Summons and Complaint, Summons With Notice File the motion before the case is dismissed.
Proving Service
After service, the person who delivered the papers signs a sworn affidavit describing what they served, who received it, and the date, time, address, and manner of service, along with facts showing they were authorized to serve.14FindLaw. New York Code CVP Rule 306 – Proof of Service
When service was in-hand, the affidavit must include a physical description of the recipient: sex, skin color, hair color, approximate age, weight, height, and any other identifying features. For substitute service or nail-and-mail, the affidavit must also list the dates, times, and addresses of the earlier unsuccessful attempts. When a sheriff or other public officer served the papers, proof takes the form of a certificate rather than an affidavit.
What the Defendant Does Next
The defendant appears by serving a notice of appearance, filing an answer, or making a motion that extends the time to answer.15New York State Senate. New York Civil Practice Law and Rules Rule 320 – Defendant’s Appearance The deadline depends on how the summons was served:
- 20 days after in-hand delivery within New York.
- 30 days after service is complete for substitute service, nail-and-mail, service through a state-authorized official, or any service made outside New York.
Because you filed a summons with notice rather than a summons and complaint, the defendant’s usual first move is to demand the complaint in writing, on that same 20- or 30-day timetable.16New York State Senate. New York Civil Practice Law and Rules Law 3012 – Service of Pleadings and Demand for Complaint Once you receive the demand, you have 20 days to serve the full complaint. The same 20-day clock runs from a notice of appearance if the defendant files one without demanding the complaint.
This deadline is the reason people underestimate the summons with notice. You bought yourself time to file, not time to write. Missing the 20-day complaint deadline can result in dismissal, and while judges have discretion, you’ll need to explain the delay if the defendant moves to dismiss.
If the Defendant Doesn’t Respond
When a defendant ignores the summons entirely, you can pursue a default judgment. The path depends on what you asked for.
If the notice demands a specific dollar amount (a “sum certain”), you apply directly to the clerk within one year of the default. The clerk enters judgment for the amount stated in your notice, plus costs and interest, without a hearing.3New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment You submit proof of service, an affidavit establishing the facts of your claim and the amount due, and an affidavit stating that after reasonable inquiry you believe the statute of limitations hasn’t expired.
If the claim isn’t for a sum certain, such as equitable relief or damages that require calculation, you apply to the court instead of the clerk, and the judge may hold an inquest to fix the amount.
The one-year clock is unforgiving. Let more than a year pass after the default without moving for judgment and the court will dismiss the complaint as abandoned, either on its own or on the defendant’s motion.3New York State Senate. New York Civil Practice Law and Rules Law 3215 – Default Judgment You can save the case only by showing sufficient cause, meaning a reasonable excuse plus a meritorious claim. Even a sum-certain judgment requires a court order after the one-year mark, not just a clerk application.
Mistakes That Sink the Filing
A handful of errors come up over and over:
- Omitting the default dollar amount. Outside medical malpractice, the notice must state the specific sum for which default judgment may be entered. Blank means defective.
- Vague description of the action. “The defendant owes me money” isn’t enough. Name the legal theory.
- Venue basis that doesn’t match the county. Don’t check “plaintiff’s residence” if you live somewhere else.
- Serving your own papers. A party cannot serve their own summons; the server must be 18 or older and not named in the case.
- Blowing the 120-day service window. Filing preserves the statute of limitations, but service still has to happen on time. Cases get dismissed for late service after timely filing all the time.
- Incomplete affidavits. A missing physical description, or missing dates of prior attempts for substitute or nail-and-mail service, invites a challenge to whether service was proper.
Track the 120-day service deadline the moment the clerk hands back your index number, and once the defendant responds, put the 20-day complaint deadline at the top of your calendar. The summons with notice is a fast way to start a case; everything after it moves on the defendant’s schedule, not yours.