N.Y. Vehicle & Traffic Law § 1806-a: Default judgment in cases of failure to answer

§ 1806-a. Default judgment in cases of failure to answer. 1. In the

event a person charged with a traffic infraction does not answer within

the time specified, the court having jurisdiction, other than a court in

a city over one million population may, in addition to any other action

authorized by law, enter a plea of guilty on behalf of the defendant and

render a default judgment of a fine determined by the court within the

amount authorized by law. Any judgment entered pursuant to default shall

be civil in nature, but shall be treated as a conviction for the

purposes of this section. However, at least thirty days after the

expiration of the original date prescribed for entering a plea and

before a plea of guilty and a default judgment may be rendered, the

traffic violations bureau or, if there be none, the clerk of the court,

shall notify the defendant by certified mail: (a) of the violation

charged; (b) of the impending plea of guilty and default judgment; (c)

that such judgment will be filed with the county clerk of the county in

which the operator or registrant is located, and (d) that a default or

plea of guilty may be avoided by entering a plea or making an appearance

within thirty days of the sending of such notice. Pleas entered within

that period shall be in a manner prescribed in the notice. In no case

shall a default judgment and plea of guilty be rendered more than two

years after the expiration of the time prescribed for originally

entering a plea. When a person has entered a plea of not guilty and has

demanded a hearing, no fine or penalty shall be imposed for any reason,

prior to the holding of the hearing which shall be scheduled by the

court of such city, village or town within thirty days of such demand.

2. The filing of the default judgment with the county clerk shall have

the full force and effect of a judgment duly docketed in the office of

such clerk and may be enforced in the same manner and with the same

effect as that provided by law in respect to executions issued against

property upon judgments of a court of record and such judgment shall

remain in full force and effect for eight years notwithstanding any

other provision of law.

3. Notwithstanding the provisions of subdivision one of this section,

a traffic violations bureau or, if there be none, the clerk of the

court, shall have two years from the effective date of this act to serve

notice upon an operator or owner of a motor vehicle charged with a

traffic violation who has not answered within the time specified and

prior to the effective date of this act.

4. In the event a person charged with a parking violation does not

answer within the time specified, a traffic and parking violations

agency may, in addition to any other action authorized by law, enter a

plea of guilty on behalf of the defendant and render a default judgment

of a fine determined by the judicial hearing officer within the amount

authorized by law. Any judgment entered pursuant to default shall be

civil in nature, but shall be treated as a conviction for the purposes

of this section. However, at least thirty days after the expiration of

the original date prescribed for entering a plea and before a plea of

guilty and a default judgment may be rendered, the traffic and parking

violations agency shall notify the defendant by certified mail: (a) of

the violation charged; (b) of the impending plea of guilty and default

judgment; (c) that such judgment will be filed with the county clerk of

the county in which the operator or registrant is located, and (d) that

a default or plea of guilty may be avoided by entering a plea or making

an appearance within thirty days of the sending of such notice. Pleas

entered within that period shall be in a manner prescribed in the

notice. In no case shall a default judgment and plea of guilty be

rendered more than two years after the expiration of the time prescribed

for originally entering a plea. When a person has entered a plea of not

guilty and has demanded a hearing, no fine or penalty shall be imposed

for any reason, prior to the holding of the hearing which shall be

scheduled by the traffic and parking violations agency within thirty

days of such demand.

5. If a motor vehicle which is owned by a rental or leasing company is

ticketed for a traffic infraction, the municipality shall not enter a

default judgement under this section against the rental or leasing

company if, when the municipality sends the notice to the company, the

company sends to the municipality within fifteen days a copy of the

rental or leasing agreement covering that vehicle on that date with the

name and address of the lessee clearly legible. If this information is

not sent to the municipality within such fifteen day time period, the

municipality shall proceed under this section to enter a default

judgement and the rental or leasing company shall be liable for the

traffic infraction.