Process Service

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

The Governments of the countries hereinafter specified: the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland; In view of the permanent character of the Hague Conference on Private International Law; Desiring to stress that character; Having, to that end, deemed it desirable to provide the Conference with a Statute; Have agreed upon the following provisions:

Article 1

The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law.

Article 2

(1) Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute.

(2) Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments.

FEDERAL RULES OF CIVIL PROCEDURE FOR PROCESS SERVICE

Disclaimer: Due to the rapidly changing nature of the law, there will be times when the material on this site will not be current. It is provided for general information purposes only and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability whatsoever for any direct, indirect or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections or suggestions should be directed to info@undisputedlegal.com.  The information listed below may have been amended. For updated process serving legislation, please visit the New York Judiciary and Courts, which can be found at the United States Court website.

PROCESS SERVICE

(1) In General. A summons must be served with a copy of the

complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Marshal or Someone Specially Appointed. At the plain- tiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. Continue reading

Civil Practice Law and Rules § 314

Service without the state not giving personal jurisdiction in certain actions.

Service without the state not giving personal jurisdiction in certain actions. Service may be made without the state by any person authorized  by  section 313 in the same manner as service is made within the state:

    1. in a matrimonial action; or

    2. where a judgment is demanded  that  the  person  to  be  served  be excluded  from  a vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lien  in  favor of either party be enforced, regulated, defined or limited; or otherwise affecting the title to such property, including an action of interpleader or defensive interpleader; or

    3. where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a chattel of such person has been seized in an action to recover a chattel.

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Civil Practice Law and Rules § 313

Service without the state giving personal jurisdiction

Service  without  the state giving personal jurisdiction.   A person domiciled in the state or subject  to  the  jurisdiction  of  the courts  of  the  state  under  section  301  or  302, or his executor or administrator, may be served with the summons without the state, in  the same  manner  as  service  is  made  within  the  state,  by  any person authorized to make service within the state who is  a  resident  of  the state  or  by  any  person authorized to make service by the laws of the state, territory, possession or country in which service is made  or  by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Civil Practice Law and Rules § 308

Personal Service upon a natural person

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served;  or

2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later;  service shall be complete ten days after such filing;  proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;  or

3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318 , except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later;  service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.

6. For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

For information on Serving Legal Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

FLORIDA PROCESS SERVER RULES AND REQUIREMENTS

Under Florida law, only sheriffs and certified process servers can serve civil process. Fla. Stat. § 48.021; Fla. Stat. § 48.27. Requirements for certification vary by county and judicial circuits, but many judicial circuits have become involved in oversight of process servers. For example, the second and fifth judicial circuits have each adopted rules regarding certification and have Certified Civil Process Server Review Boards. (See, e.g., Fifth Circuit appended court order.) The circuits have also imposed education requirements. New applicants for certification must attend a two- to three-hour seminar and take a 45-question, multiple choice exam. The exam is given once a year. Upon renewal of their certification on their second year, process servers must take again the seminar and exam.1 

Applicable Provisions: 

Florida Statute § 48.021 – process; by whom served
Florida Statute § 48.27 – certified process servers
Florida Statute § 48.29 – certification of process servers
Florida Statute § 48.31 – removal of certified process servers; false return of service Florida Rule of Civil Procedure 1.070 – process 

Florida Second Judicial Circuit AO 2008-21 (2008) 

DISTRICT OF COLUMBIA PROCESS SERVER LAWS AND REQUIREMENTS

By: Undisputed Legal/Process Service Department

The District of Columbia does not have any educational or registration requirements for private process servers. The Superior Court Rule of Civil Procedure (4)(c)(2) provides as follows: 

Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the Court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the Court for that purpose. Such direction shall be made only (a) when service is to be effected on behalf of the United States or an officer or agency thereof, or (b) when the Court issues an order stating that service by a United States marshal or deputy United States marshal or a person specially appointed for that purpose is required in order that service be properly effected in that particular action. 

Delaware Process Server Laws & Requirements

By: Undisputed Legal/Process Service Department

The requirements for process servers in the state of Delaware vary by court. The Court of Chancery, the Court of Common Please, and the Justice of the Peace Courts all require registration for special process servers. 

Court – Requirement

Court of ChanceryAnnual registration requirement/No education requirement

Superior Court -No Requirements

Family CourtDelaware Family Court Civil Rule 4(c) requires that “[s]ervice of process shall be made by the sheriff to whom the writ is directed, by a sheriff’s deputy, by a deputy designated and sworn by the Chief Judge, or by some person specially appointed by the Court for that purpose. . . “

Court of Common PleasAnnual registration requirement. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process.

Justice of the PeaceAnnual registration process. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process. Process servers must complete an application and undergo a criminal justice background check.

Process Service on New Jersey Secretary of State

By: Undisputed Legal/Process Service Department

Service of process upon the Secretary of State shall be made by leaving the original and a copy of the summons and 2 copies of the complaint, with a fee of $20.00 in the hands of the Secretary of State, or someone designated by him in his office, and such service shall be sufficient service upon the nonresident operator, pilot or owner, if

(a) Notice of such service and a copy of the summons, with a copy of the complaint, are forthwith sent by registered mail to the defendant by the Secretary of State, or someone designated by him in his office; and

PROCESS SERVER LAWS & REQUIREMENTS IN CONNECTICUT 

By: Undisputed Legal/Process Service Department

In Connecticut, state statutes as a general rule prescribe civil service of process to state marshals, constables, Process Servers or “other proper officer[s] authorized by statute.” Conn. Gen. Stat. § 52-50(a). 

A State Marshal Commission is established by state statute. Conn. Gen. Stat. § 6-38b. State law mandates that the State Marshal Commission “establish professional standards, including training requirements and minimum fees for execution and service of process.” § 6-38b(f). State regulations detail the qualifications of state marshals, Conn. Agencies Regs. § 6-38b-1, the application process, § 6-38b-2, the examination they must take, § 6-38b-3, and, training that they must attend. § 6-38b-4. The regulations also contain “standards of conduct” for state marshals. § 6-38b-6.