New York How to serve papers when commencing an action

• Category: New York Local County - Queens - Supreme Court
• State: New York
• Control #: NY-QNS-53
• Format: PDF

Description

How to serve papers when commencing an action New York How to serve papers when commencing an action refers to the legal process of providing notice of a lawsuit to the defendant. It is an important part of the litigation process that must be followed in order to ensure the defendant has adequate notice of the lawsuit and an opportunity to respond. There are four main types of service of process in New York: Personal Service, Substituted Service, Nail and Mail Service, and Service by Publication. Personal Service is the most commonly used method of service in New York, usually involving the delivery of the Summons and Complaint to the defendant in person. This type of service is typically performed by a process server who must have proof of service of the papers. Substituted Service is used when a process server is unable to locate or locate the defendant after a reasonable attempt at personal service. This form of service requires the process server to deliver the Summons and Complaint to someone of suitable age and discretion at the defendant’s residence, workplace, or if applicable, the domicile of the defendant’s spouse. Nail and Mail Service is used when the process server is unable to effectuate personal or substituted service. This type of service requires the process server to post a copy of the Summons and Complaint to the defendant’s address as well as affixing a copy to the door of the defendant’s residence or place of business. Service by Publication is a last resort type of service used when the process server is unable to locate or serve the defendant in any of the aforementioned ways. This type of service requires the plaintiff to publish a notice of the lawsuit in an appropriate newspaper, usually in the county where the defendant resides.

New York How to serve papers when commencing an action refers to the legal process of providing notice of a lawsuit to the defendant. It is an important part of the litigation process that must be followed in order to ensure the defendant has adequate notice of the lawsuit and an opportunity to respond. There are four main types of service of process in New York: Personal Service, Substituted Service, Nail and Mail Service, and Service by Publication. Personal Service is the most commonly used method of service in New York, usually involving the delivery of the Summons and Complaint to the defendant in person. This type of service is typically performed by a process server who must have proof of service of the papers. Substituted Service is used when a process server is unable to locate or locate the defendant after a reasonable attempt at personal service. This form of service requires the process server to deliver the Summons and Complaint to someone of suitable age and discretion at the defendant’s residence, workplace, or if applicable, the domicile of the defendant’s spouse. Nail and Mail Service is used when the process server is unable to effectuate personal or substituted service. This type of service requires the process server to post a copy of the Summons and Complaint to the defendant’s address as well as affixing a copy to the door of the defendant’s residence or place of business. Service by Publication is a last resort type of service used when the process server is unable to locate or serve the defendant in any of the aforementioned ways. This type of service requires the plaintiff to publish a notice of the lawsuit in an appropriate newspaper, usually in the county where the defendant resides.