Service of process is the procedure by which a party to a lawsuit gives notice of initial legal action to another party, court or administrative body in a effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal.
In laymen terms: service of process is the delivery of documents to a individual, business/organization. For notification purposes, allowing that individual, business/organization to respond. The term service of process is also called process service and/or serving process either term does not change the definition.
There are many rules and laws that govern service of process depending on the jurisdiction/state in which service takes place. Within New York more particularly the five boroughs (Brooklyn, Queens, Bronx, Manhattan, Staten Island), service of process MUST be handled by licensed process servers. In order to obtain a license within the five boroughs process servers must demonstrate the understanding of all the laws related to service of process by passing a competence exam related to New York Codes Rules and Regulation (NYCRR), Civil Practice Law & Rules (CPLR) and Federal Rules and Civil Procedure.
You must go to the Help Center (“Petition Room”) between 8:30-5:00 Mon.- Fri. After you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence. When your name is called, you will see a clerk who will write the petition based on the information you gave on the form.
There are no filing fees in Family Court.
What Should I Put on My Petition for an order of protection?
Write down as many details as possible. In order to obtain an order of protection you must state that a “family offense” occurred. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you. Describe when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the first incident and the worst incident. If there was verbal abuse, tell the clerk the exact words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything important has been left out. Make sure the petition is accurate and fully states what you want to tell the Judge.
We offer 3 levels of service for our nationwide client base. With Routine service, your process server will make a first attempt within 3 to 5 days. Rush service allows a process server to make an attempt on the next day, while the Same Day Service does give you a first attempt on the same day as our communication with you.
Our work includes GPS affidavits of service, as well as personalized “real-time” e-mail status. We are experts at locating missing persons, witnesses, debtors, and former tenants, and we provide you with 24 hour email access to management staff so you’re never without answers.
Getting started with Undisputed Legal is as easy as picking up the phone. Our dedicated professionals are ready to assist you. No process serving job is too large or too small for our team. Call us toll-free today at 800-774-6922 to learn more about how we can help you. When you want it done right the first time, there’s only one choice: Undisputed Legal Inc.
Serving Family Court Documents Nationwide, for more information of Family Court Process Servers visit www.undisputedlegal.com Open Monday – Friday 8am.-8pm.”When you want it done right the first time” contact Undisputedlegal.com
Verify the process server’s license or registration and association membership. Though now all states require process servers to be licensed
Ask the process server if they have an Error and Omissions (E&O) policy or bond
Check the process server’s website for more insight on the company.
Complete an Internet search for the company’s name and complaints’ This will help you to establish if they have unsatisfied clients and if so what they have done to fix their mistakes. Continue reading