Posts tagged with "Service of Process"

SERVING A REGISTERED AGENT – NEW YORK STATE

 

DID YOU KNOW…

In addition to the designation of the secretary of state, each domestic limited liability company or authorized foreign limited liability company may designate a registered agent upon whom process against the limited liability company may be served. (b) The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state. (d) The registered agent of a limited liability company may resign as such agent. The registered agent shall file a certificate with the department of state entitled “Certificate of resignation of registered agent of… (name of limited liability company) under subdivision (d) of section three hundred two of the Limited Liability Company Law” and executed by such registered agent. Such certificate shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed. With respect to a foreign limited liability company, there shall be set forth its name and, if applicable, the fictitious name the foreign limited liability company has agreed to use in this state pursuant to section eight hundred two of this chapter; (2) the date the articles of organization or application for authority was filed by the department of state; (3) that he or she resigns as registered agent of the limited liability company; and (4) that he or she has sent a copy of the certificate of resignation by registered mail to the limited liability company at the post office address on file with the department of state specified for the mailing of process or, if such address is the address of the registered agent, to the office of the limited liability company in the jurisdiction of its formation. (e) The designation of a registered agent shall terminate thirty days after the filing with the department of state of the certificate of resignation. A certificate designating a new registered agent may be delivered to the department of state by the limited liability company within the thirty days or thereafter.

For more information on serving legal papers visit www.undisputedlegal.com or call (800) 774-6922, representatives are ready to assist you, Monday-Friday 8am-8pm call now!

DISTRICT OF COLUMBIA PROCESS SERVER LAWS AND REQUIREMENTS

By: Undisputed Legal/Process Service Department

The District of Columbia does not have any educational or registration requirements for private process servers. The Superior Court Rule of Civil Procedure (4)(c)(2) provides as follows: 

Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the Court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the Court for that purpose. Such direction shall be made only (a) when service is to be effected on behalf of the United States or an officer or agency thereof, or (b) when the Court issues an order stating that service by a United States marshal or deputy United States marshal or a person specially appointed for that purpose is required in order that service be properly effected in that particular action. 

Delaware Process Server Laws & Requirements

By: Undisputed Legal/Process Service Department

The requirements for process servers in the state of Delaware vary by court. The Court of Chancery, the Court of Common Please, and the Justice of the Peace Courts all require registration for special process servers. 

Court – Requirement

Court of ChanceryAnnual registration requirement/No education requirement

Superior Court -No Requirements

Family CourtDelaware Family Court Civil Rule 4(c) requires that “[s]ervice of process shall be made by the sheriff to whom the writ is directed, by a sheriff’s deputy, by a deputy designated and sworn by the Chief Judge, or by some person specially appointed by the Court for that purpose. . . “

Court of Common PleasAnnual registration requirement. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process.

Justice of the PeaceAnnual registration process. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process. Process servers must complete an application and undergo a criminal justice background check.

PROCESS SERVER LAWS & REQUIREMENTS IN CONNECTICUT 

By: Undisputed Legal/Process Service Department

In Connecticut, state statutes as a general rule prescribe civil service of process to state marshals, constables, Process Servers or “other proper officer[s] authorized by statute.” Conn. Gen. Stat. § 52-50(a). 

A State Marshal Commission is established by state statute. Conn. Gen. Stat. § 6-38b. State law mandates that the State Marshal Commission “establish professional standards, including training requirements and minimum fees for execution and service of process.” § 6-38b(f). State regulations detail the qualifications of state marshals, Conn. Agencies Regs. § 6-38b-1, the application process, § 6-38b-2, the examination they must take, § 6-38b-3, and, training that they must attend. § 6-38b-4. The regulations also contain “standards of conduct” for state marshals. § 6-38b-6. 

PROCESS SERVER LAWS IN CALIFORNIA

By: Undisputed Legal/Process Service Department

California does not require training, education or licensing for civil process servers.  The state, however, does require registration of individuals who serve more than 10 services of process within the state in one year for compensation. Cal. Bus. & Prof. Code § 22350. Process servers register with the county clerk of the county in which they reside or have their principal place of business. Process server organizations must also register. 

PROCESS SERVER LAWS ARKANSAS

By: Undisputed Legal/Process Service Department

An Arkansas Supreme Court Order governs the regulation of private process servers in Arkansas. The Order requires appointment of private process servers by the administrative judge of a judicial district or any judge of a circuit court designated by the administrative judge. Ar. Sup. Ct. Admin. Order 20. The Order also sets out minimum qualifications, see Order 20(b), including: 

(1) be not less than eighteen years old and a citizen of the United States;
(2) have a high school diploma or equivalent;
(3) not have been convicted of a crime punishable by imprisonment for more than one year or a crime involving dishonesty or false statement, regardless of the punishment; 

Process Server Laws In Alabama

By: Undisputed Legal/Process Service Department

Alabama Rule of Civil Procedure 4(i)(1) governs delivery of service by a process server. The statute provides that process is served by a “sheriff or constable.” Ala. R. Civ. P. Rule 4(i)(1)(A). The statute further provides that “[a]s an alternative to delivery by a sheriff . . . process issuing from any court governed by these rules may be served by any person not less than eighteen (18) years of age, who is not a party.” Rule 4(i)(1)(B). 

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.

Process Server Solutions

 As a process server agency, we provide a wide range of services for your legal documentation needs. We offer full-service legal solutions for law firms, attorneys, and the general public including divorce papers, summons and complaints, family court documents, subpoenas, small claims court cases, citations, petitions, discovery documents, order to show cause, evictions, landlord/tenant notices, and more.

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.