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.
There are seven (7) grounds, legally acceptable reasons for a divorce in New York State?
1.irretrievable breakdown in relationship for a period of at least 6 months
This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.
2.cruel and inhuman treatment
To use this ground, the judge will be looking for specific acts of cruelty that happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called “constructive” abandonment.
To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right. There are a couple of things that you should keep in mind as you look for theProcess Server Agency that is right for you. First, your Process Server Agency should be familiar with divorce & family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number. This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case. This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help. If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty. You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such. By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires. Any person over eighteen years old, except you, may serve these papers.
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.