Service Of Process

Question 1

What days can you not serve someone?

Answer 1

Sunday’s or Saturdays if they are a Saturday sabbath observer (if you don’t know this it isn’t a fatal defect)

Question 2

What are the three most common service methods

Answer 2

Personal service, leave and mail service, affix and mail service

Question 3

What if someone resists personal service?

Answer 3

Can leave it in the immediate vicinity

Question 4

What is involved in leave and mail service?

How long do the leave and mail parts have to be completed in?

Answer 4

Server may deliver process to person of suitable age and discretion at D’s actual dwelling or actual place of business
PLUS (within 20 days, either first)
Mail copy by regular mail to D at D’s actual place of business or last known residence

Question 5

What is involved with affix and mail?

How long do you have to complete affix then mail?

Answer 5

Server may attach service to door of D’s actual dwelling place or actual place of business
PLUS (within 20 days, either first)
Mail copy by regular mail to D at D’s actual place of business or last known residence

Question 6

Can I go straight to trying affix and mail?

Answer 6

No, must first try to serve D directly or serve person of suitable age/discretion

Question 7

What does proof of service involve?

Answer 7

Must be filed after two-step service performed (affix or leave and mail)

Service is complete 10 days after filing proof of service (service complete at time of personal delivery)

Failure to file proof of service extends D’s response time, not jurisdictional defect

Question 8

What if you cannot get any of the three common types of service?

Answer 8

P may make ex parte motion for order allowing improvised method reasonable in the circumstances

Question 9

What if the defendant is a) an infant and/or b) over 14

Answer 9

D’s name goes on summons but process served on one of: (a) parent, (b) guardian, (c) legal custodian, or (d) adult spouse with whom infant resides

If infant 14+, process ALSO served on infant

Question 10

What about service on a handy?

Answer 10

If court has appointed guardian, 2 sets process (guardian and incapacitated person)

If no court-appointed guardian, just serve incapacitated person

Question 11

What are service methods out of state?

Answer 11

1. Anyone authorized under NY law who is NY resident
2. Anyone authorized by law to serve process where served
3. Any attorney licensed in jurisdiction where served

Question 12

What are the two ways we can serve a corporation?

Answer 12

Personal delivery anywhere in US to: officer, director, designated agent, managing agent, or cashier
OR
Personal delivery of 2 copies to NY Secretary of State (if domestic corp. or foreign registered to do business in NY)
OR
Personal delivery of 1 copy to NY Secretary of State AND mail 1 copy to corporation by certified return receipt (if unlicensed foreign corp.)

Question 13

How old do you have to be to be served?

Answer 13

18

Question 14

How many copies of service are required?

Answer 14

For each defendant, regardless of husband/wife/cohabitants

Question 15

What is the mail and acknowledgment method of serving a corporation?

Answer 15

Mail process to D by first-class mail, enclose 2 copies statutory acknowledgment form, and SASE

Service effective only if D signs/returns one form to P within 30 days receipt; complete upon D’s mailing of signed form

If not returned, P must serve by another method and D pays cost of that method

D’s return of acknowledgment form removes ONLY issue of service, not jurisdiction