United States · New York civil procedure
When must the extra summons copy be mailed before default judgment?
CPLR 3215(g)(3) requires an extra first-class summons copy at least twenty days before qualifying judgment entry against a nonappearing natural person.
- Period
- 20 days
- Trigger
- Actual established judgment-entry date used to check the preceding mailing interval
- Rule
- CPLR 3215(g)(3)
Current official provision, website revision from 2023-11-03. Reviewed. A revision label is not an inferred effective date.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event starts the CPLR 3215(g)(3) requirement?
Confirm a natural-person defendant, nonappearance and the qualifying contractual nonpayment claim.
Establish the actual entry date and preserve the additional first-class summons mailing and its affidavit. A hoped-for entry date is only a planning assumption.
Responsible actor. The plaintiff seeking this qualifying contractual default judgment. Section 3215(g)(3)’s natural-person, nonappearance and nonpayment-of-contractual-obligation branch, with the statutory exceptions checked.
CPLR 3215(g)(3)How is the interval before the actual date counted?
- Confirm a natural-person defendant, nonappearance and the qualifying contractual nonpayment claim.
- Establish the actual entry date and preserve the additional first-class summons mailing and its affidavit. A hoped-for entry date is only a planning assumption.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- Make the additional first-class mailing with the required envelope and address, and file the mailing affidavit with the judgment. Preserve the statutory fallback if mail is returned before entry.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 20, event-day exclusionWhat does the independently derived example establish?
Fictitious example
Section 3215(g)(3)’s natural-person, nonappearance and nonpayment-of-contractual-obligation branch, with the statutory exceptions checked. Fictitious established facts. Section 3215(g)(3)’s natural-person, nonappearance and nonpayment-of-contractual-obligation branch, with the statutory exceptions checked.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Actual established judgment-entry date used to check the preceding mailing interval | September 1, 2026 |
| Disclosed statutory component | 20 days | Wednesday, August 12, 2026 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Envelope and address
- Use the residence address and personal-and-confidential marking without attorney or debt indications. Returned mail requires the stated employment or last-residence fallback.
- Initial service
- The additional copy may be mailed simultaneously with or after summons service. It does not replace valid initiating service.
- Exceptions
- Check the small-claims and summary-possession exceptions and the title-action exception, which excludes residential mortgage foreclosure.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- Section 3215(g)(3)’s natural-person, nonappearance and nonpayment-of-contractual-obligation branch, with the statutory exceptions checked.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about CPLR 3215(g)(3)
When must the extra summons copy be mailed before default judgment?
Is this the twenty-day answer period?
No. It is an additional mailing interval before actual judgment entry.
CPLR 3215(g)(3)Can I use the corporation branch instead?
Section 3215(g)(4) has a separate corporate requirement and warning. This preset does not model it.
CPLR 3215(g)(3)Can I enter judgment early because the letter arrived quickly?
The required interval is measured from the additional mailing to entry. Early receipt does not replace it.
CPLR 3215(g)(3)Official procedural, counting and completion sources
Provisions used (7)
| Provision | Purpose |
|---|---|
| CPLR 3215(g)(3) | The particular actor, event, period and required act |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |