New York Process Service: Proof of Service

CPLR § 306. Proof of Service/Affidavit of service.

(a) Generally. Proof of service/Affidavit of Service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place, and manner of service, and set forth facts showing that an authorized person did the service and in an authorized manner.


(b) Personal service. Whenever service is made under this article by delivery of the summons to an individual, proof of service shall also include, in addition to any other requirement, a description of the person to whom it was so delivered, including, but not limited to, sex, the color of skin, hair color, approximate age, approximate weight and height, and other identifying features.

(c) Other services. Where service is made under subdivision four of section three hundred eight of this chapter, proof of service/affidavit of service shall also specify the dates, addresses, and the times of attempted service under subdivisions one, two, or three of such section.

(d) Form. Proof of service/Affidavit of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgment of receipt of a summons and complaint, or summons and notice or notice of petition as provided for in section 312-a of this article.

(e) Admission of service. Writing admitting service by the person to be served is adequate proof of service/affidavit of service.

For information on serving legal papers, contact a New York Process Service, call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Understanding an Affidavit of Service.

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