SERVICE OF PROCESS IN NEW YORK

What is service of process? 

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.

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