WHAT DO PROCESS SERVERS IN NEW YORK DO?

This article will provide guidance on What Do Process Servers in New York Do?  The NYC Department of Consumer Affairs issues licenses to all process servers operating in the five boroughs of New York City (Manhattan, Brooklyn, the Bronx, Staten Island, and Queens). A USD 10,000 surety bond is required for individuals, and a USD 100,000 bond is required for agencies, and both bonds must be paid at the time of licensing and remain in force for the duration of the license. A process server’s license and subsequent renewals require them to pass an exam covering the applicable regulations and statutes.

In line with the Commissioner’s regulations, process servers in New York City are required to use electronic records and GPS tracking devices to monitor where and when papers are served. Additionally, Sunday is not a good day for serving legal documents. Anyone who observes Saturday as a day of rest is immune from having legal documents served to them on that day.

BACKGROUND

Any evidence of service must include specific information about the documents served, the individual receiving them, and the date, time, address, or, in the absence of an address, place, and manner of service, as well as facts attesting to the fact that a duly authorized person did the service and in a duly authorized manner.

Proof of service must contain, in addition to any other requirement, a description of the person to whom the summons was served, including, but not limited to, sex, skin color, hair color, approximate age, approximate weight and height, and other distinguishing traits.

Proof of service should also identify the dates, locations, and times of the attempt. Proof of service shall be in the form of a certificate if made by a sheriff or other authorized public officer, an affidavit if made by any other person, or an acknowledgment of receipt of a summons and complaint, or summons and notice, or notice of petition. Acceptance of service in writing from the addressee is sufficient evidence of service.

Suppose a party other than the original or third-party plaintiff acquires the index number and pays the fee. In that case, the clerk must issue an order directing the original or third-party plaintiff to reimburse the party for the amount of the charge. The person who paid the charge may, in addition to any other remedies available at law, apply to the clerk for an order dismissing the action without prejudice if the fee is not paid within thirty days following delivery of the order with notice of entry.

We employ process servers local to specific countries in New York, which allows us to provide all of our clients with professional process servers, delivering three (3) levels of New York process service in New York. We provide [A.] Routine service, wherein the Process Server will make its first attempt within five to seven business days; [B.] Rush service so that the Process Server will make its first attempt within forty-eight hours and [C.] Service by Mail, where documents will be mailed within twenty-four. 

The only difference in the above levels of service (Routine & Rush) is the start times; they all include the New York process server making up to three (3) attempts during the morning, the afternoon, and the evening. Please visit our rules and laws page, New York Rules of Civil Procedure.  For instructions on How To Serve Legal Papers in New York State, Click Here!

REQUIREMENTS OF process SERVICE IN NEW YORK

In an action or proceeding where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. Service of the summons and complaint summons with notice or third-party summons and complaint shall be made within one hundred twenty days after their filing. Suppose service is not made within the time required in this section. In that case, the court will dismiss the action without prejudice as to that defendant or, for a good reason demonstrated or in the interest of justice, extend the period for service.

Service upon the state must be made personally to either an assistant attorney general at an attorney general’s office or the attorney general. To establish personal jurisdiction over a state official sued in their official capacity or a state agency, a summons and complaint must be personally delivered to the officer or the chief executive officer of the agency or to a person designated by the chief executive officer to receive service or sent by certified mail, return receipt requested, to the officer or the chief executive officer of the agency. 

A summons and complaint, summons and notice, or notice of petition and petition may be served by the plaintiff or any other person in lieu of personal service by mailing a copy of the summons and complaint, summons and notice, or notice of petition and petition to the person or entity to be served, first class mail, postage prepaid. The time of service completion and the time to respond.

Within thirty (30) days after the date of receipt, the defendant, an authorized employee of the defendant, the defendant’s attorney, or an employee of the attorney shall complete and send or deliver one copy of the acknowledgment of receipt. When the signed acknowledgment of receipt is sent or given to the sender, service is complete. The signed receipt acknowledgment letter will serve as evidence of service. Within twenty (20) days after the date, the defendant’s signed acknowledgment of receipt is mailed or delivered to the sender; the defendant must serve a response to the complaint or petition that was served with the summons or notice of petition. 

Our New York City process servers are highly trained and licensed in accordance with New York state laws and regulations. As a private process firm, we have a higher responsibility to our clients than the process a sheriff may be able to provide. At Undisputed Legal, we ensure that our clients are looped in every step of the way. We provide GPS affidavits of service as well as real-time updates to your email. Additionally, we will send a copy of the required documents prior to service so that you are updated about your status. We also provide a free basic skip trace to new customers.

SPECIFICS OF Process SERVICE in New York 

The individual (or the party on whose behalf they are being served) will be obligated to pay expenses incurred in serving the summons and complaint, or summons and notice, or notice of petition and petition in any other manner permitted by law, and the cost of such service as permitted by law will be entered as a judgment against them unless they complete and return the form to the sender within thirty (30) days.

If a complaint or petition was included with the statement, returning it with an acknowledgment will not absolve the party of the need to respond to the complaint or petition. Twenty (20) days from the date of mailing or hand delivery of this form is the deadline for responding.  An effort to achieve service should be indicated on the summons or notice of petition or document issued with the summons or notice of petition if a validly completed acknowledgment is not returned upon the subsequent serving of process in any other way authorized by law.

Our New York State process servers serve all legal documents, including summons and complaints, citations, small claims court cases, orders to show cause, petitions, discovery documents, eviction, landlord/tenant notices, motions, and more. In addition, our process service department has two (2) specialized departments, being [A.] Subpoena Service, which exclusively deals with the service of process of Subpoena Duces Tecum, Subpoena Ad Testificandum, and Information Subpoenas and; [B.]  Family Court Process Service which handles the service of process of all family court documents: Divorce, Custody, Visitation, Paternity, Child Support, Orders of Protection and more.  We are a full-service process service agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in New York State.

 JURISDICTION OF process SERVICE in new york

Any person authorized to do service who is a resident of the state, or by any person authorized to do service by the laws of the state, territory, possession, or country in which service is made, may serve the summons on a person domiciled in the state or subject to the jurisdiction of the courts of the state, or on their executor or administrator, outside the state in the same manner as service is made within the state.

A party may be served outside of the state’s jurisdiction in accordance with Rule 314. Suppose the defendant did not receive personal notice of the summons in time to defend and has a meritorious defense. In that case, the court may allow them to do so within one year after they obtain knowledge of the entry of the judgment, but in no event more than five years after such entry if they were served with the summons outside of the state or if they did not receive personal delivery of the summons. If they prevail on the defense, the court has the same authority to order and enforce repayment terms as it does when a verdict is overturned or altered on appeal. 

FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! For a complete list of our New York State Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide New York City service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Refer to sections 2.231 et seq. and 20-403 et seq. of New York City’s Rules, Chapter W.

2. Consent to service by electronic means, according to this subdivision, will be presumed when a telephone number or other station for service by electronic means is included in the address block subscribed on a document served or filed in the course of an action or process. 

Notice of a change in or revocation of an attorney’s designated number or address for service of documents must be served on all other parties and sent via overnight delivery service to the attorney at the address designated by the attorney for that purpose or, if none is designated, to the attorney at the address last known to the parties. Depositing the paper in an appropriately addressed envelope with the overnight delivery service for overnight delivery before the overnight delivery service’s cutoff time will constitute complete service by overnight delivery. Where the information is sent via a physical medium.

3. An index number and the fee specified in subsection (a) of section 818 of this chapter must be paid when an action is initiated in a supreme or county court. Payment of the fee required by subdivision (a) of section 800018 of this chapter shall be made upon the filing of a summons and complaint against a person who is not already a party, as authorized under section 10007 or rule 100011 of this chapter. Still, a separate index number must not be issued.

4. When used under this subsection, “the main office of the agency” refers to the usual work of the agency’s chief executive officer. In order for certified mail to be valid for purposes of service, the front of the envelope must read “URGENT LEGAL MAIL” in boldface type. 

5. Except as may be otherwise required by law or court order, service of the process onto a party in a pending action should be made upon the party’s attorney. If the same attorney is representing both or all of the parties, just one copy has to be served.

 Service on an attorney must be accomplished by: 

(1) physical delivery to the attorney; 

(2) sending the document to the attorney at the address indicated by that attorney for that purpose or, if none is designated, at the attorney’s last known address; or

 (3) electronic delivery. 

6. If the party being served does not return the signed acknowledgment of receipt within thirty (30) days of receiving the documents mailed pursuant to subdivision (a) of this section, the court will assess the reasonable cost of the serving process by an alternative method as a disbursement to the party serving process on notice pursuant to section 8402 of this chapter. It will direct immediate judgment in that amount.

7. Any person authorized by Section 313 may affect service outside of the state in the same way as inside the state in a matrimonial proceeding; where judgment is sought to exclude the party to be served from a vested or contingent interest in or lien upon specific real or personal property within the state; where judgment is sought to enforce, regulate, define, or limit such interest or lien in favor of either party; where judgment is sought to affect the title to such property otherwise; where a levy upon property of the party to be served is sought; or where judgment is sought in an action of interpleader or defensive interpleader.

8. A natural person, corporation, or partnership may appoint another individual as its agent for service by means of a paper completed and accepted as a deed, with the agent’s permission attested thereon. The document has to be filed with the county clerk in the county where the recipient lives or where the primary place of business is located. Unless withdrawn by filing a revocation or by the death, court declaration of incompetency, or legal termination of the agent or principal, the designation shall remain in force for three years after such filing.