Affidavits can be signed outside of New York State to support your NY commercial debt collection litigation. The out of state Affidavit must have an accompanying Certificate of Conformity in order to be considered by the New York Court as written testimony in your case.
The Certificate of Conformity contains information that assures the Court that the notarization conforms with the law in the state where the Affidavit was signed.
The document needs to be signed by an attorney in the same state that the Affidavit was signed, before a Notary Public. In fact, it should be completed at the same time as the Affidavit. Since this is a New York State law, enforced in New York State it is common for an attorney practicing outside of New York State to be unfamiliar with the requirement. After all, a NY commercial debt collection litigation attorney would most likely be unfamiliar with laws specific to another state (unless they were practicing in that state).
By signing the Certificate of Conformity, the attorney is confirming that the notarization of the Affidavit was proper. That is all. The attorney does not need to be familiar with the facts of the case as they are NOT attesting to anything else involving the case. The Notary Public is a good example of this concept. A Notary is purely responsible for making sure a document is signed properly, by the correct person. The same idea follows suit for the attorney signing the Certificate of Conformity.
The New York State Law CPLR 2309(c) and RPL-299-a has been on the books for a long time. Until recently the New York Courts rarely enforced this law. They allowed NY commercial debt collection litigation attorneys and others to submit Affidavits signed and notarized outside of New York State without the Certificate.
Now, almost all of the New York Courts enforce the law and require the Certificate of Conformity be filed together with Affidavits. This occurs when the Affidavits are executed outside of New York State.
It has been suggested that the recent enforcement of the laws may be an attempt by the Courts to reduce the number of collection matters and default judgments that are inundating the courts.
View a sample Certificate of Conformity. An attorney in the state where you execute the Affidavit must complete and sign the Certificate before a Notary Public. For assistance in collecting a claim in New York, please contact this NY commercial debt collection litigation attorney at (212) 686-0100 or email jnager@ffgnesqs.com.
