Posts tagged with "Service of Process New York"

UTAH RULES OF CIVIL PROCEDURE

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 Utah State Legislature. web site.

Utah Process Server Licensing Requirements:

The summons and complaint may be served in this state or any other state or territory of the United States, by the sheriff or constable, or by the deputy of either, by a United States Marshal or by the marshal’s deputy, or by any other person 18 years of age or older at the time of service, and not a party to the action or a party’s attorney. Continue reading

TEXAS RULES OF CIVIL PROCEDURE

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 Texas Courts web site.

Texas Process Serving Requirements

The Texas Supreme Court approved amendments to Rules 103 and 536(a) of the Texas Rules of Civil

Procedure, effective July 1, 2005, governing statewide certification of process servers. The Court also

issued a companion order to establish the framework for certification of those approved to serve process

under the revised rules, to approve of certain existing civil process service courses, and to establish the

framework for the Board to approve additional courses. The Court also approved a companion order that

establishes the membership of the Process Server Review Board, and an order appointing Mr. Carl Weeks

as Chair. Continue reading

TENNESSEE RULE OF CIVIL PROCEDURE

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 Tennessee Courts web site.

Tennessee Process Serving Requirements

A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.

No service on Sundays unless permitted by court order. Continue reading

SOUTH DAKOTA RULES AND CIVIL PROCEDURE

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 South Dakota Courts web site.

South Dakota Process Serving Requirements

The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of any state. If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action who at the time of making such service is an elector of any state. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff’s attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff’s attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly. Continue reading

SOUTH CAROLINA RULES OF CIVIL PROCEDURE

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 South Carolina Courts web site.

South Carolina Process Serving Requirements

Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action. Service of all other process shall be made by the sheriff or his deputy or any other duly constituted law enforcement officer or by any person designated by the court who is not less than eighteen (18) years of age and not an attorney in or a party to the action, except that a subpoena may be served as provided in Rule 45. (Amended effective May 1, 1986) Continue reading

RHODE ISLAND RULES OF CIVIL PROCEDURE

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 Rhode Island Courts web site.

Rhode Island Process Serving Requirements

Service of all process shall be made by a sheriff or the sheriff’s deputy, within the sheriff’s county, by a duly authorized constable, or by any person who is not a party and who is at least 18 years of age.

Service not allowed on SUNDAYS Continue reading

PENNSYLVANIA RULES OF CIVIL PROCEDURE

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 Pennsylvania Courts web site.

Pennsylvania Process Serving Requirements

In addition to service by the sheriff, original process may be served also by a competent adult in the following actions: equity, partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought. Note: See Rule 76 for the definition of “competent adult”. Service of original process in domestic relations matters is governed by Rule 1930.4. Continue reading

OREGON RULES OF CIVIL PROCEDURE

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 Oregon State Legislature web site.

Oregon Process Server Licensing Requirements

Any person over the age of 18 and not a party may serve process in Oregon. State law requires that any person who serves a Writ of Garnishment must have E&O coverage with minimum limits of $100,000. [Oregon Revised Statutes § 29.165]

DID YOU KNOW? Oregon Process Serving Laws

•An Oregon summons must contain these notices to the parties being served (click here)

•Substituted service in Oregon at a residence can be made upon any person 14 years or older Continue reading

OKLAHOMA RULES OF CIVIL PROCEDURE

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 Oklahoma Courts web site.

Oklahoma Process Serving Requirements

Process servers are required to be licensed. Once licensed, a bond must be executed in the State of Oklahoma in the amount of $5,000. All applicants are also subject to a fee of $35 and be licensed to serve process in the county in which the license is issued. The other option for applicants could be a fee of $150 statewide licensing. The license states that process servers are officers of the court only for the service of process. No testing or education required. [Oklahoma Statutes Annotated §12-158.1] Continue reading

NEW YORK RULES OF CIVIL PROCEDURE

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 New York Unified Court System website.

New York Process Server Licensing Requirements

New York City’s 5 Burroughs
New York requires all process servers within each of the 5 boroughs (Manhattan, Brooklyn, Bronx, Staten Island, and Queens) to be licensed through the NYC Department of Consumer Affairs. Individual process servers must pay a surety bond of $10,000, and agencies must pay a bond of $100,000 to be effective for their entire license term. Process servers must also pass a test on relevant rules and laws before being issued a license or renewal. Rules of the City of New York, subchapter W, §2.231, et seq and §20-403, et seq. Continue reading