New York State Process Server

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In New York, process serving involves delivering legal documents (such as summons, complaints, subpoenas, etc.) to the person involved in a legal proceeding. The rules for serving process are outlined in the New York Civil Practice Law and Rules (CPLR), and they govern how and when the documents can be served. Here's an overview of the process serving rules in New York:

1. Who Can Serve Process

Authorized Process Server: In New York, process can be served by anyone who is at least 18 years old and not a party to the case. However, in certain counties, process servers must be licensed.
Sheriff: A sheriff can also serve process, but it is usually more common to use a private process server or a professional service agency.

2. Methods of Service

There are several methods for serving process in New York:

Personal Service (CPLR § 308(1)):
- Definition: The process is handed directly to the person being served.
- Requirements: It is the most effective and preferred method of service. The person served must be identified and the documents handed to them.
Substituted Service (CPLR § 308(2)):
- Definition: If the person cannot be served in person, you may leave the documents at their home or business.
- Requirements: The documents must be left with a person of suitable age and discretion at the defendant’s residence or place of business. A second copy must then be mailed to the person being served at their last known address.
Nail and Mail (CPLR § 308(4)):
- Definition: This method is used when personal or substituted service is not possible after reasonable attempts.
- Requirements: A copy of the summons and complaint must be affixed to the door of the defendant’s home or place of business, and a copy must be mailed to the defendant’s last known address.

3. Service by Mail (CPLR § 312-a)

For certain types of cases (like small claims), service can be made by mail, provided the recipient returns an acknowledgment of receipt of the documents.
This service is usually used when other methods are not feasible or required by the court.

4. Proof of Service

Once the process has been served, the process server must file a proof of service (also called an affidavit of service). This document details how, when, and where the service took place. The affidavit is filed with the court to show that service was completed.

5. Time Limits for Service

Service of process must typically be made within 120 days of filing the complaint or summons. If service is not completed within this time frame, the plaintiff may need to request an extension from the court.

6. Service on Corporations or Partnerships

Corporations: Service can be made on the corporation’s registered agent or an officer of the corporation.
Partnerships: Service can be made on any partner, or someone authorized to accept service on behalf of the partnership.

7. Service in Matrimonial Actions

In matrimonial actions, the plaintiff must follow additional procedures for serving the summons, which may include a special form for service in divorce or family law cases.

8. Special Rules for Specific Cases

Certain cases (e.g., evictions, foreclosures) may have special rules regarding service that must be followed, including additional requirements for certified mail or posting notices.