New York State has made it even easier for parties involved in a New York debt collection case to pursue their claims. Effective January 1, 2024, New York State will no longer require an Affidavit to support NY debt collection cases. This is good news, as the absence of this requirement also removes the need to search for a Notary Public to notarize the affidavit.
Previously, affidavits had to include the date of signing, the state and county in which the signing took place, and before whom it was sworn (the notary public). The requirement to appear before the notary in person changed in 2022 to allow remote notarization.
In the past, New York debt collection cases required a properly sworn statement–except for when there was a verified summons and complaint. The definition of a sworn statement was a signed and notarized affidavit. Needing to locate a notary public—required to submit a judgment, even on default—was a deterrent for some with busy schedules.
In lieu of a formal affidavit, New York will now allow those involved in litigation to sign affirmations, affirming the facts to be true. Previously, only a select group of litigants in New York civil cases could use affirmations. The new law amends Civil Practice Law and Rules Section 2106.
What Is an Affirmation?
An affirmation, previously reserved for those whose religion prevented them from swearing under oath, certain medical professionals, attorneys, and those residing outside of the continental U.S., is a solemn declaration.
The affirmation still requires that the statement being made is in fact true under the penalties of perjury and is filed with the effect as an affidavit.
The text of the affirmation may appear as follows:
I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
Affirmations for Out-of-State Litigants
The new law also applies to out-of-state litigants involved in or pursuing a debt collection matter in New York.
In addition to no longer needing a notary service, those outside of New York can also skip the process of finding a local attorney to sign a certificate of conformity.
Previously, the law required a certificate of conformity to accompany affidavits executed outside of New York. Without the accompanying certificate of conformity, New York courts would not consider the affidavit. The certificate of conformity became a huge impediment for many out-of-state creditors pursuing debt collection actions in New York.
If you are looking to pursue a debt collection action in New York, contact Frank, Frank, Goldstein and Nager to learn more about your options. We have the experience that pays.
