New york state service of process

Service of process in New York State is the process of delivering legal documents, such as summons and complaints, to a defendant or respondent in a lawsuit. Here are the general steps and requirements for service of process in New York State:

Types of Service of Process:

  1. Personal Service: This is the most common method of service, where the process server personally delivers the documents to the defendant or respondent.
  2. Substituted Service: This method is used when personal service is not possible, such as when the defendant is absent from the state or has left the state. Substituted service involves delivering the documents to a person of suitable age and discretion at the defendant's usual place of abode.
  3. Mail Service: This method involves mailing the documents to the defendant's last known address.

Requirements for Service of Process:

  1. The process server must be at least 18 years old and a resident of the state.
  2. The process server must be authorized by the court to serve process.
  3. The process server must deliver the documents to the defendant or respondent personally, or to a person of suitable age and discretion at the defendant's usual place of abode.
  4. The process server must sign an affidavit of service, which is a sworn statement that the documents were delivered to the defendant or respondent.
  5. The process server must return the affidavit of service to the court with the original documents.

Fees for Service of Process:

  1. The fee for service of process in New York State is set by the court and can vary depending on the type of service and the distance involved.
  2. The fee for personal service is typically around $25 to $50.
  3. The fee for substituted service is typically around $10 to $20.
  4. The fee for mail service is typically around $5 to $10.

Time Limit for Service of Process:

  1. The plaintiff has 120 days from the date of filing the complaint to serve the defendant or respondent.
  2. If the defendant or respondent is served outside of the state, the plaintiff has 180 days to serve them.

Consequences of Failure to Serve Process:

  1. If the plaintiff fails to serve the defendant or respondent within the time limit, the case may be dismissed.
  2. If the defendant or respondent fails to appear in court after being served, they may be defaulted and the court may enter a judgment against them.

Resources:

  1. New York State Unified Court System: www.nycourts.gov
  2. New York State Court Rules: www.nycourts.gov/rules
  3. New York State Bar Association: www.nysba.org

It's important to note that service of process is a complex legal process, and it's recommended that you consult with an attorney if you're involved in a lawsuit.