3. Service of Process

Question 1

What are the five methods of serving process?

Answer 1

1. Personal delivery to the Defendant
2. Leave and mail
3. Affix and mail
4. Expedient service
5. Delivery to an agent

Question 2

When does the time begin to run for a Defendant to respond to being served process?

Answer 2

Once the service is complete.

Question 3

When is personal delivery complete?

Answer 3

Upon the tender.

Question 4

How does leave and mail work?

Answer 4

Two steps:

1. The process server can deliver the process to a person of suitable age and discretion at the defendant’s actual dwelling place or the defendant’s actual place of business, and
2. mail a copy by first class mail to the defendant’s residence or place of business.

Question 5

How does affix and mail work?

Answer 5

1. The process server must first diligently try to make personal delivery to the Defendant or to a persona of suitable age and discretion
2. The process server may then affix the process to the defendant’s actual residence or principle place of business, and
3. mail a copy by first class mail to the residence or principle place of business.

Question 6

Where must proof of service be filed?

Answer 6

With the Court Clerk

Question 7

What is proof of service?

Answer 7

An affidavit by the process server in which the process server describes the date time and place of service, a description of the person served, and the surrounding circumstances.

Question 8

How do you make service complete under the leave-and-mail or the affix-and-mail service of process?

Answer 8

Service is complete ten days after proof of service is filed.

Question 9

When do you resort to Expedient service?

Answer 9

When you cannot find the defendant or a place where he lives or works.

Question 10

How do you to request expedient service?

Answer 10

You file an ex parte motion allowing for an expedient method of service.

Question 11

What must the Plaintiff demonstrate in order to be granted expedient service?

Answer 11

The Plaintiff must demonstrate that the other methods of service are unavailable or impracticable.

Question 12

What will the Court grant if the Plaintiff has successfully filed an ex parte motion allowing for an expedient method of service.

Answer 12

A court order, allowing for some reasonable alternative under the circumstances

Question 13

Is the Plaintiff allowed to improvise in the service of process without a court order?

Answer 13

No. They must get a court order for expedient service.

Question 14

What is required to be allowed to serve process on an agent of the Defendant?

Answer 14

The agent must have been specifically designated as an agent, by the defendant, to accept service of process.

Question 15

What are the methods for serving process outside NY?

Answer 15

The same methods that you would use inside NY.

Question 16

How can you serve process on a corporation?

Answer 16

Option 1: Make personal deliver to any one of the corporate representatives

Option 2: If the corporation is a domestic corporation or a foreign corporation, licensed to do business in NY, service can be made by delivering two copies of process to the NY Secretary of State. If it is an unlicensed foreign corporation, Plaintiff serves one copy of process to the Secretary of State, and the Plaintiff has the burden of mailing the second copy to the Defendant via certified mail.

Question 17

Who are considered corporate representatives?

Answer 17

1. Officers
2. Directors
3. Designated Agents
4. Managing agents

Question 18

Who is a managing agent?

Answer 18

A person who has supervisory responsibility.

Question 19

Are leave and mail or affix and mail available for use on a corporation?

Answer 19

No

Question 20

By statute, who is the designated agent of a NY corporation or a foreign corporation, licensed in NY?

Answer 20

The New York Secretary of State