New York

By: Akanksha A. Panicker

Process serving is a part of the United States’ legal system, referring to the delivery of key legal documents like the complaint, summons, etc. It refers to the procedure through which notification is provided to the defendant as to the legal action initiated against them and is done to ensure that the court’s personal jurisdiction requirements on the parties are fulfilled. If the defendant ignores further pleadings or fails to participate in the proceedings, the court may find the defendant in default and award relief to the petitioner.

The server can be [A.] a friend or relative, [B.] a co-worker [C.]  county sheriff or marshal [D.] a process server; or [D.] anyone over 18. However, it is necessary to ensure that whoever the server is, they are of age (eighteen years old at least) and that they are a disinterested party who is not remotely party to the case. The service then needs to be done so that the opposition has enough time to prepare. Finally, the server needs to fill out a proof of service form detailing the service report and returning said proof to file the same with the county clerk in the court.

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