CIV-GP-73 – Affirmation of Compliance with VTL 253

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-73 – Affirmation of Compliance with VTL 253?

This is a sworn statement you file in court. It confirms you served an out-of-state defendant under New York’s nonresident motorist law. The law is known as Vehicle and Traffic Law section 253. The form belongs to the Civil Court of the City of New York.

You use this form in a motor vehicle case. The case must arise from a crash or operation of a vehicle in New York. The defendant is not a New York resident. Or the defendant moved out of New York after the crash. The law allows service through the New York Secretary of State. You must also mail notice and process to the defendant. This form proves you completed those required steps.

Who typically uses this form?

Plaintiff’s attorneys use it most often. Self-represented plaintiffs may use the affidavit version. That is because an “affirmation” is for attorneys. The court will allow either the attorney’s affirmation or a notarized affidavit. If you are not an attorney, ask for the affidavit version instead.

Why would you need this form?

You need it to establish personal jurisdiction. The court must see that you complied with the statute. Without it, the court cannot enter a default judgment. Even with an appearance, proof of proper service is critical. This form also helps avoid disputes on service later. It reduces delay and protects your judgment.

Typical usage scenarios

You sue a New Jersey driver who hit you in Brooklyn. You sue a Connecticut trucking company for a Queens crash. You sue a Florida snowbird who caused a Bronx accident. You sue a Pennsylvania rental car driver for Manhattan property damage. You sue an out-of-state vehicle owner who permitted use in Staten Island. In each case, you can use the VTL 253 service. You then file this affirmation in the Civil Court.

The form captures key facts. It states when and where the crash occurred. It states the defendant’s nonresident status. It states how and when you served the Secretary of State. It states how and when you mailed the notice and the process. It identifies what proof you received from the post office. It lists the exhibits you attach. It ends with your sworn signature.

Think of this form as the court’s checklist. You tick off each legal step. You attach the matching papers. You swear to the truth. The court then knows service is complete.

When Would You Use a CIV-GP-73 – Affirmation of Compliance with VTL 253?

Use this form when your claim arises from a vehicle’s operation in New York. The defendant is a nonresident. Or the defendant left New York after the crash. You have already served the Secretary of State in Albany. You have mailed the required notice and process to the defendant. You now need to prove those steps to the court.

You might be a personal injury plaintiff. The defendant driver lives in New Jersey. The collision occurred on the FDR Drive. You served the Secretary of State with the summons and complaint. You mailed copies to the New Jersey address by certified mail. You received the green card signed by the defendant. You now file this affirmation with the signed receipt attached.

You might be a property damage plaintiff. Your company van was sideswiped in Queens. The at-fault driver lives in Pennsylvania. You served the Secretary of State. The certified mailing came back “unclaimed.” You then mailed by ordinary mail as well. You kept the returned envelope. You printed tracking proof. You file this affirmation with both proofs attached.

You might sue a corporate vehicle owner. The owner is a Delaware corporation. It permitted its employee to drive in New York. You can use VTL 253 for the corporate owner. You serve the Secretary of State. You mail notice and process to the corporation’s out-of-state address. You file this affirmation with the service and mailing proofs.

You might be an insurer filing as a subrogee. Your insured’s vehicle was damaged in Manhattan. The tortfeasor resides in Connecticut. You serve and mail under VTL 253. You use this affirmation to cement jurisdiction.

This form is not for non-vehicle disputes. Do not use it in housing, consumer, or contract cases. It is only for claims arising from vehicle operation in New York. It also is not the method for New York corporate service alone. For business defendants unrelated to vehicle operation, other rules apply. For a motor vehicle claim, though, VTL 253 is the correct tool. This affirmation proves you used it properly.

Legal Characteristics of the CIV-GP-73 – Affirmation of Compliance with VTL 253

This form is a sworn statement. If signed by a New York attorney, it is an affirmation. It is signed under penalty of perjury. If you are not an attorney, you use a notarized affidavit. The statement is evidence of service compliance. It supports the court’s finding of personal jurisdiction. It is crucial for default judgments.

Why is it legally binding?

The law sets a specific service path for nonresidents. You must serve the Secretary of State. You must mail notice and process to the defendant. The mailing must be by registered or certified mail. You should request a return receipt. The affirmation confirms you performed each step. Your signature makes it a sworn court filing. False statements carry sanctions and penalties.

What ensures enforceability?

The attached exhibits. You attach the Secretary of State’s service receipt. You attach the certified mail receipt. You attach the signed return receipt. Or you attach the returned envelope and tracking record. You attach a copy of the summons and complaint. You attach any notice letter you sent with the mailing. These documents corroborate your sworn statements. They allow the court to verify each act.

Timing also matters. You must mail the notice shortly after the Secretary of State service. Do not wait. Track your dates. The safest course is to mail within ten days. Then file your affirmation promptly. File it soon after you receive the return receipt. If the mail is returned, file it with the returned envelope. Courts look for diligence and accuracy.

Courts also look for good addresses. Use the defendant’s last known residence. Check the police report for addresses. Use the accident report data. Confirm with any insurer communications. If you have multiple addresses, mail to each. You can show multiple mail efforts in your affirmation. This strengthens your proof.

What about “refused” or “unclaimed” mail?

Keep the envelope and all stickers. You can also mail a second time by ordinary mail. Many judges expect that extra step. Include proof of the second mailing. The court can find service complete even without a signature. Your records must show that the defendant had fair notice.

Remember the overall service deadline. Civil cases have service deadlines after filing. Mark your calendar. VTL 253 does not extend the limitations period. Start service early. Use a process server for the Secretary of State delivery. Keep every receipt. Your affirmation should match those papers exactly.

If more than one defendant is out-of-state, prepare one set per defendant. You need a separate service from the Secretary of State for each. You need separate mailings. You need separate proofs. Your affirmation can cover multiple defendants. Keep the paragraphs and exhibits clear and labeled.

In short, the affirmation is the capstone of VTL 253 service. It confirms legal compliance. It anchors jurisdiction. It supports default relief. It prevents later challenges on service.

How to Fill Out a CIV-GP-73 – Affirmation of Compliance with VTL 253

Follow these steps in order. Gather your proofs before you start. Read the form from top to bottom.

Step 1: Confirm your role.

• If you are a New York attorney, use this affirmation form.
• If you are self-represented, ask for the affidavit of compliance version.

Step 2: Complete the caption.

• Write “Civil Court of the City of New York.”
• Write the county (Bronx, Kings, New York, Queens, or Richmond).
• List the parties as they appear on the summons.
• Include the docket or index number.
• Add the part or judge if assigned.
• Use the same spelling of names as on your pleadings.

Step 3: Title the document.

• Use “Affirmation of Compliance with VTL 253.”
• Add “CIV-GP-73” if space exists for a form number.

Step 4: Identify yourself.

• State your name and law firm.
• State that you are the attorney for the plaintiff.
• State you are admitted in New York.
• State you submit this affirmation under penalty of perjury.

Step 5: Describe the claim basis.

• State the accident date and location in New York.
• State that the cause of action arises from that accident.
• If property damage only, say so.

Step 6: Establish nonresidency.

• State the defendant’s residence outside New York.
• Give the full mailing address with ZIP code.
• If the defendant moved after the accident, explain that fact.
• If multiple defendants are nonresidents, list each with addresses.

Step 7: Detail the Secretary of State service.

• State the date you served the Secretary of State in Albany.
• State that you delivered the required copies of the process.
• Identify the process served (summons and complaint, or summons with notice).
• State payment of the statutory fee.
• Include any reference or transaction number if present.
• Attach the Secretary of State’s receipt as Exhibit A.

Step 8: Detail the mailing to the defendant.

• State the date you mailed the notice and a copy of the process.
• State the method: certified or registered mail, return receipt requested.
• State the name and address used exactly as on the envelope.
• Include the USPS tracking number.
• Attach the certified mail receipt as Exhibit B.
• Attach your notice letter as Exhibit C.

Step 9: Describe the postal result.

• If you received a signed green card, state the date received.
• State the name on the signature if legible.
• Attach the signed return receipt as Exhibit D.
• If the mail was “refused,” state that fact and date.
• If “unclaimed” or “unable to forward,” state that fact and date.
• Attach the returned envelope and tracking printout as Exhibit D.
• If you sent a second ordinary mailing, state the date and address.
• Attach proof of the second mailing as Exhibit E.

Step 10: Confirm timing compliance.

• State that you mailed notice promptly after serving the Secretary of State.
• State that you file this affirmation promptly after receipt of postal proof.
• If any delay occurred, explain the reason briefly.

Step 11: Reaffirm statutory compliance.

• State that the service complies with VTL 253 requirements.
• State that the court has personal jurisdiction over the defendant.
• State that all statements are true to your knowledge.

Step 12: List all exhibits clearly.

• Exhibit A: Secretary of State receipt or certificate of service.
• Exhibit B: USPS certified or registered mail receipt.
• Exhibit C: Notice of service letter to the defendant.
• Exhibit D: Signed return receipt or returned envelope with labels.
• Exhibit E: Any second mailing proof, if used.
• Exhibit F: Copy of the filed summons and complaint.
• Exhibit G: Police report or other document confirming address, if used.

Step 13: Sign and date.

• Write the city and state of signing.
• Write the date of signing.
• Sign above your printed name.
• Add your firm name, address, phone, and email.
• Add your attorney registration number if the form requests it.
• No notary is required for an attorney affirmation.

Step 14: File with the court.

• File the affirmation and exhibits in the case file.
• If the case is e-filed, upload each exhibit clearly labeled.
• If on paper, staple or bind in order with tabs.
• Keep complete copies for your file.
• Bring copies to any default inquest or motion.

Practical tips

• Match every date in the affirmation to the exhibits.
• Check every address digit and ZIP code twice.
• Use legible copies of the green card and envelope.
• Print USPS tracking pages that show the full event history.
• If the signature is hard to read, state that it is illegible.
• If you mailed to multiple addresses, include proof for each.
• If serving more than one nonresident, repeat steps for each.

Common mistakes to avoid

• Mailing to a P.O. Box when a residence is known. Use the residence.
• Waiting weeks to mail after the Secretary of State service. Mail fast.
• Omitting the Secretary of State receipt. The court wants that proof.
• Failing to attach the returned envelope. Keep and attach it.
• Using ordinary mail only. Use certified or registered first.
• Misstating the accident date or county. Check your summons.
• Filing the affirmation without exhibits. Exhibits are essential.

Example scenario walked through

• You file a case for a Queens crash on May 1.
• The defendant lives in New Jersey.
• On June 10, your process server serves the Secretary of State.
• On June 12, you mail the notice and process it by certified mail.
• USPS shows delivery on June 15. The green card arrives on June 20.
• On June 24, you sign this affirmation.
• You attach the Secretary of State receipt, the certified receipt, the green card, and the summons.
• You file the packet with the Civil Court clerk.
• The court has what it needs to proceed.

Another scenario

• You serve the Secretary of State on July 1.
• You mail certified on July 3.
• The mail returns on July 28 marked “unclaimed.”
• You mail again by ordinary mail on July 30.
• You print the certified tracking and keep the returned envelope.
• You attach both proofs plus the second mailing receipt.
• You affirm those facts and file.

Final check before filing

• Confirm the caption matches your pleadings.
• Confirm the defendant’s name is spelled the same everywhere.
• Confirm the county is correct for the Civil Court venue.
• Confirm every exhibit is legible and complete.
• Confirm that your signature and date are present.

By following these steps, you present a clean record. You show that you met each statutory requirement. You give the court confidence to accept service as complete. You keep your case on track for resolution.

Legal Terms You Might Encounter

• Affirmation means a signed statement made under penalties of perjury. You use the CIV-GP-73 to affirm that you followed the steps required by VTL 253. When you sign, you declare the facts are true based on your knowledge.
• Affiant is the person who signs the affirmation. If you sign the CIV-GP-73, you are the affiant. You must have personal knowledge of the service steps described, or clearly state how you know those facts.
• Service of process is how you legally give notice of a lawsuit. VTL 253 provides a special service method for certain motor vehicle cases. The CIV-GP-73 confirms that you followed that method and completed any notice mailings.
• Statutory service is service allowed by a statute, not by personal delivery to the defendant. VTL 253 is a statutory service route. Your CIV-GP-73 tells the court that you used that route and did every required step.
• Statutory agent refers to the person or office that a statute allows you to serve instead of the defendant. In VTL 253 cases, you may need to serve a designated agent set by law. The CIV-GP-73 states that you made that service and then mailed notice to the defendant.
• Last known address is the most current address you have for the defendant after a reasonable search. VTL 253 usually requires a mailing to that address. In the CIV-GP-73, you identify the address you used and explain how you knew it was current at the time.
• Proof of mailing is your evidence that you mailed the notice documents. It can be a receipt, a postal certificate, or a tracking page. You should reference these in the CIV-GP-73 and attach them as exhibits so the court can verify your mailing.
• Return receipt is the card or electronic record confirming delivery or attempted delivery. If you have it, you should attach it. If you do not have it, you still explain what happened and attach whatever proof of mailing or delivery you received.
• Caption is the heading on your court papers. It lists the court, county or borough, parties, and index number. The CIV-GP-73 must match the caption on your summons and complaint exactly. Any mismatch can cause processing delays.
• Index number is the unique number assigned to your case. You put it at the top of the CIV-GP-73. The clerk uses it to track your filing and place it in the correct case file.
• Exhibit is a document you attach to support your affirmation. Typical exhibits include mailing receipts, delivery records, photographs of envelopes, and returned mail. The CIV-GP-73 often needs exhibits so the judge can see the steps you took.
• Nonresident defendant means the person you sued does not reside in New York. VTL 253 applies to certain cases involving nonresidents. In the CIV-GP-73, you state that the defendant is a nonresident and that you served and mailed as the statute requires.
• Reasonable diligence means you made a good-faith effort to find accurate address information. You describe the efforts you made to confirm the defendant’s last known address. The CIV-GP-73 should show the court that your search was reasonable under the circumstances.

FAQs

Do you need to notarize this form?

The signature format depends on who signs and what the court allows. Some filers can sign an affirmation under penalties of perjury without a notary. Others must use a notarized affidavit with the same facts. Check the signature block on your version of the form. If you are not permitted to affirm, use a notarized affidavit version and attach the same exhibits.

Do you need one form per defendant?

Yes. Complete a separate CIV-GP-73 for each defendant you served by the VTL 253 method. Each defendant may have a different address, mailing date, and set of receipts. Keeping one form per defendant avoids confusion and helps the court review service on each person.

Do you attach receipts and tracking records?

Yes. Attach any document that proves you completed the required mailings and notices. This includes postal receipts, tracking pages, delivery status printouts, and returned mail. Label each document as an exhibit and refer to it in your affirmation so the judge can follow the record.

Do you file the form even if the defendant answered?

If the defendant has already answered or appeared and does not dispute service, the court may not need this form to move the case forward. Still, filing it can prevent future disputes about service. If service is challenged, the CIV-GP-73 plus exhibits becomes important evidence.

Do you still need this form if the defendant was personally served in New York?

No, not for that defendant. The CIV-GP-73 is specific to compliance with the VTL 253 service. If you completed personal delivery service within the state, use the proof of service that applies to that method. Only use the CIV-GP-73 for defendants served through the VTL 253 process.

Do you file this before seeking a default judgment?

Yes. If you will seek a default, the court will want proof that you served the defendant using VTL 253 and completed the mailing and notice steps. File the CIV-GP-73 with your exhibits so the default packet is complete. Missing proof of compliance often delays or denies default requests.

Do you need to update the court if the mailing returns as undeliverable?

Yes. Keep the envelope and any postal notation. File a supplemental affirmation that explains the return and any follow-up steps you took. Attach the returned mail as an exhibit. If you find a better address, document how you found it and what you did next.

Do you sign if a process server did the mailings?

You can sign if you have personal knowledge of the steps. That may include supervising the process, reviewing original receipts, and verifying dates. If you do not have personal knowledge, the person who performed the mailings should sign their own affidavit or affirmation. You can then attach both to show the full picture.

Checklist: Before, During, and After the CIV-GP-73 – Affirmation of Compliance with VTL 253

Before signing

• Case caption details that match your summons and complaint.
• Index number and correct borough or county for the Civil Court.
• Defendant’s full legal name, last known address, and any alternative address.
• Date and method of service through the statutory process.
• All mailing receipts, postal certificates, and delivery records.
• Any returned mail, with envelopes showing postal markings.
• Evidence of service on any statutory agent, if applicable.
• Notes describing your search for the defendant’s current address.
• Copies of the documents you mailed, including summons and complaint.
• Any prior court orders affecting service in your case.

During signing

• Confirm the caption and index number match your case exactly.
• Verify that the defendant’s name and address are correct and consistent.
• List the date you served the statutory agent, if that step applied.
• List the date you mailed the notice to the defendant and where you mailed it.
• Describe how you confirmed the last known address at the time of mailing.
• Refer to each exhibit in the text by label (Exhibit A, Exhibit B, etc.).
• Check every date for accuracy and chronological order.
• State who performed each act (you, your staff, or a process server).
• Use clear, specific language for each step taken.
• Complete the signature line and date the form.
• If required, use the notarization block and sign in front of a notary.
• Number every exhibit and ensure the pages are readable.
• Keep staples and barcode stickers intact on receipts where possible.

After signing

• Make a clean copy set of the CIV-GP-73 and all exhibits for your file.
• File the original or required copy with the court in your case.
• Follow the filing method in your case (in person or electronic, as applicable).
• Note the filing date in your calendar and case log.
• Serve a courtesy copy on any appearing party if the court expects it.
• Monitor mail for new delivery updates or returned items and keep them.
• If the mail is returned, file a supplemental affirmation with the returned envelope.
• Bring a copy to any conference, motion, or inquest where service may be discussed.
• Store original receipts and proofs in a safe, labeled folder.
• Save a digital scan of the entire packet for quick reference.

Common Mistakes to Avoid CIV-GP-73 – Affirmation of Compliance with VTL 253

• Using the wrong address. Don’t guess. Confirm the defendant’s last known address before mailing. An incorrect address can make service defective and stall your case.
• Leaving out key dates. Don’t forget the date you served the statutory agent and the date you mailed to the defendant. Missing dates can lead the court to reject your filing or question your proof.
• Not attaching exhibits. Don’t tell the court you mailed items without attaching receipts or tracking. Without exhibits, the judge may find your proof incomplete and deny relief, including default.
• Signing without personal knowledge. Don’t sign if you cannot truthfully describe the steps taken. If someone else handled the mailings, include their affidavit or affirmation. Lack of personal knowledge invites challenges.
• Using a mailing method that the statute does not allow. Don’t substitute a different postal service or delivery option unless the statute authorizes it or the court orders it. Using the wrong method risks invalid service and wasted time.

What to Do After Filling Out the Form CIV-GP-73 – Affirmation of Compliance with VTL 253

1. Assemble the full packet. Put the CIV-GP-73 on top, followed by exhibits in the order you reference them. Include copies of the summons and complaint you mailed.
2. File promptly. Submit the form and exhibits to the court in your case. Use the court’s required method for your matter. Late or missing proof can impact motion schedules or default timelines.
3. Record your filing. Note the date and the documents filed. Keep any filing receipt. Update your internal case checklist so you know the proof is in the record.
4. Notify as needed. If opposing counsel has appeared, send a courtesy copy if expected. If the court has requested the proof by a deadline, provide it on time and confirm receipt if possible.
5. Monitor mail. Watch for returned envelopes, delivery updates, or forwarding notices. If you receive returned mail, keep the envelope sealed. File a supplemental affirmation with a short explanation and attach the returned item.
6. Address changes. If you learn of a better address after mailing, document how you learned it. Decide whether you need to complete another mailing step under the statute or seek guidance from the court. File a short update if you take further steps.
7. Prepare for challenges. Keep originals of receipts and return records. If the defendant contests service, you will need to show every step you took, with dates and exhibits.
8. Amend if you find an error. Do not alter a form already filed. Prepare a corrected CIV-GP-73 that clearly states it supersedes the prior filing. Explain the correction briefly and attach the same exhibits, plus any new ones.
9. Use separate forms for co-defendants. Each defendant needs their own CIV-GP-73 with their specific dates and exhibits. Avoid mixing evidence across defendants.
10. Bring the proof to court. For conferences, motions, or inquests, carry a copy of your CIV-GP-73 and exhibits. Judges often ask for quick confirmation, and having the packet on hand saves time.
11. Retain for your records. Keep a physical file with originals and a digital copy with clear file names and dates. Good records help if issues arise months later.
12. Plan next litigation steps. With service issues covered, focus on pleadings, discovery, or motion practice. If a default is possible, assemble your default packet and include this proof as a core piece.