Keith Mack
New York State has a set of laws that govern the process of serving legal documents. These laws outline the requirements for personal service, which typically involves delivering a summons to an individual or entity. The specifics of personal service can vary depending on the type of entity being served, such as a natural person, a partnership, or a corporation. In some cases, the summons must be delivered to a specific individual, such as an agent or officer of the entity. The laws also dictate the timeframe within which the summons must be served and outline the consequences for failing to do so. Additionally, there are provisions for situations where personal service cannot be easily accomplished, allowing for alternative methods such as affixing the summons to the door of the intended recipient's place of business or residence. Understanding these laws is crucial for ensuring that legal proceedings are conducted properly and that the rights of all parties involved are protected.
| Characteristics | Values |
|---|---|
| Personal service upon a natural person | By delivering the summons within the state to the person to be served |
| By delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served | |
| By affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served | |
| By delivering the summons within the state to the agent for service of the person to be served as designated under rule 318 | |
| Personal service upon a corporation or governmental subdivision | Upon any domestic or foreign corporation, to an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service |
| Upon the city of New York, to the corporation counsel or to any person designated to receive process in a writing filed in the office of the clerk of New York county | |
| Upon any other city, to the mayor, comptroller, treasurer, counsel or clerk; or, if the city lacks such officers, to an officer performing a corresponding function under another name | |
| Upon a county, to the chair or clerk of the board of supervisors, clerk, attorney or treasurer | |
| Personal service upon a limited partnership | By delivering a copy personally to any managing or general agent or general partner of the limited partnership in this state, to any other agent or employee of the limited partnership authorized by appointment to receive service or to any other person designated by the limited partnership to receive process |
| Personal service by mail | The signed acknowledgement of receipt shall constitute proof of service |
| Where a duly executed acknowledgement is not returned, upon the subsequent service of process in another manner permitted by law, the summons or notice of petition or paper served with the summons or notice of petition shall indicate that an attempt previously was made to effect service pursuant to this section |
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What You'll Learn
Personal service upon a natural person
In New York State (NYS) law, personal service upon a natural person is defined under Rule 308 of the Civil Practice Law and Rules. This rule outlines the methods by which personal service can be carried out.
The first method is by delivering the summons within the state to the person being served. This is a straightforward process of physically handing over the legal documents to the individual in question.
The second method involves delivering the summons to a person of suitable age and discretion at the actual place of business, dwelling place, or usual place of abode of the person being served. This method also requires that the summons be mailed to the person being served at their last known residence or actual place of business. The envelope for this mailing must be marked "personal and confidential" and must not indicate that it pertains to legal action or is from an attorney. Both the delivery and mailing must be completed within twenty days of each other, and proof of service must be filed with the court clerk within twenty days of whichever action was completed later. Service is then considered complete ten days after the filing of proof.
The third method is to deliver the summons within the state to the agent for service of the person being served, as designated under Rule 318. However, this method does not apply in matrimonial actions, where service may be made pursuant to specific provisions of domestic relations law.
In cases where service under the first two methods cannot be accomplished with due diligence, a fourth method can be employed. This involves affixing the summons to the door of the person's actual place of business, dwelling place, or usual place of abode within the state. Similar to the second method, this process also requires mailing the summons to the person's last known residence or actual place of business, with the same confidentiality requirements for the envelope. Both the affixing and mailing must be done within twenty days of each other, and proof of service must be filed with the court clerk within twenty days of whichever action was completed later. Service is then considered complete ten days after this filing, except in matrimonial actions.
It is important to note that the laws concerning civil procedure and process serving can change, and lobbyists are active in NYS. Therefore, it is always advisable to refer to the most up-to-date information available on the New York Unified Court System site or seek legal counsel for specific situations.
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Personal service by mail
To effect personal service by mail, the sender must first send the summons or notice of petition to the recipient via first-class mail. The envelope should be marked "personal and confidential" and should not indicate that it relates to legal action or is sent by an attorney.
Within 30 days of receiving the documents, the recipient must complete and return the acknowledgment of receipt form. This form serves as proof of service and must be subscribed and affirmed as true under penalties of perjury. If the recipient fails to return the form within 30 days, they may be required to pay the expenses incurred in serving the documents through alternative methods.
It is important to note that personal service by mail is not complete upon mailing. The recipient has 20 days from the date they mail or deliver the acknowledgment form to respond to the complaint or petition.
In the context of serving a corporation, unincorporated association, partnership, or other entity, the recipient must indicate their relationship to the entity under their signature on the acknowledgment form.
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Personal service upon a corporation
In the state of New York, personal service upon a corporation or governmental subdivision is carried out by delivering the summons to the relevant parties.
For domestic or foreign corporations, the summons must be delivered to an officer, director, managing or general agent, cashier or assistant cashier, or any other agent authorized by appointment or by law to receive service. A business corporation may also be served in accordance with specific sections of business corporation law, and a not-for-profit corporation may be served according to not-for-profit corporation law.
When serving the city of New York, the summons must be delivered to the corporation counsel or any person designated to receive the process, and a written record must be filed in the office of the clerk of New York county. For any other city, the summons must be delivered to the mayor, comptroller, treasurer, counsel, or clerk. If the city lacks these officers, then the summons must be delivered to an officer performing the functions of any of the aforementioned roles.
In terms of process servers, these are individuals engaged in the business of serving a summons, subpoena, notice, citation, or other processes. The process server must determine the identity of the entity to be served, obtain the relevant "DOS Search Page(s)", complete a "Service of Process/Notice of Claim Cover Sheet", and hand-deliver the process, along with the cover sheet and DOS search pages, to an authorized person at the New York Department of State's office. The process server must also pay the applicable fee.
Additionally, service of process may be carried out electronically on the Secretary of State, provided the entity has provided the Department of State with an email address for this purpose. The statutory fee for serving the process is $40, and there is no additional fee for electronic service.
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Personal service upon an infant
In New York, personal service of a summons is typically carried out by delivering the summons within the state to the person to be served. However, in the case of personal service upon an infant, the rules are slightly different.
According to New York Civil Practice Law & Rules Section 309, personal service upon an infant is carried out by personally serving the summons within the state upon a parent or any guardian or any person having legal custody. If the infant is married, then the summons should be served upon the adult spouse with whom the infant resides. If there is no parent, guardian, or spouse within the state, then the summons can be served upon any other person with whom the infant resides or by whom they are employed.
If the infant is 14 years of age or older, the summons must also be personally served upon the infant within the state, in addition to being served upon a parent, guardian, or spouse. This ensures that both the infant and their legal guardian or caretaker are notified of the legal proceedings.
It is important to note that the rules for personal service may vary depending on the specific circumstances and the nature of the legal action. These rules outlined above specifically pertain to personal service upon an infant in New York State, as defined by Section 309.
In conclusion, when serving a summons upon an infant in New York, it is essential to follow the guidelines set out in Section 309 to ensure proper notification and adherence to legal procedures. By serving the appropriate individuals, such as parents or guardians, the court can be confident that the infant's interests are represented and protected throughout the legal process.
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Process servers
Personal Service Upon a Natural Person:
According to CVP § 308, personal service upon a natural person can be achieved through the following methods:
- By delivering the summons within the state to the person being served.
- By delivering the summons to a person of suitable age and discretion at the individual's actual place of business, dwelling place, or usual place of abode, and then mailing the summons to their last known residence or actual place of business. This mailing must be done in a discreet manner, without indicating that it pertains to legal action.
- By delivering the summons within the state to the agent for service of the person being served, as designated under Rule 318. This method may vary in matrimonial actions.
- If service through the first three methods cannot be accomplished with due diligence, by affixing the summons to the door of the person's actual place of business, dwelling place, or usual place of abode, and then mailing the summons to their last known residence or actual place of business. Similar discretion is required in the mailing process.
Personal Service Upon a Corporation or Governmental Subdivision:
CVP § 311 outlines the process for serving legal documents upon a corporation or governmental subdivision. Here are the key points:
- For domestic or foreign corporations, serve an officer, director, managing agent, cashier, assistant cashier, or any other authorised agent.
- For the City of New York, serve the corporation counsel or a designated person to receive process.
- For any other city, serve the mayor, comptroller, treasurer, counsel, or clerk. If these officers are absent, serve an officer performing a corresponding function.
- For a county, serve the chair or clerk of the board of supervisors, clerk, attorney, or treasurer.
Personal Service Upon a Partnership:
CVP § 310 and § 313 outline the process for serving legal documents upon partnerships:
- For limited partnerships, serve any managing or general agent, general partner, authorised agent, or any person designated by the partnership to receive process.
- For domestic or foreign limited partnerships, follow the provisions of Article 8-A of the partnership law or section 121-109 of the law.
- If service under the above methods is impracticable, the court may direct an alternative manner of service.
- Service upon a limited liability partnership can be made pursuant to section 121-1505 of the partnership law.
Proof of Service:
Time Constraints:
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Frequently asked questions
Personal service is the act of delivering a summons to a natural person, corporation, or government agency.
In New York State (NYS) law, personal service upon a natural person can be made by delivering the summons within the state to the person being served, or to a person of suitable age at their place of business or dwelling place.
A process server is a person engaged in the business of serving a summons, subpoena, or other legal notice to any person, corporation, or government agency.
Personal service in NYS law can be made in several ways, including personal service upon a natural person, corporation, governmental subdivision, limited liability company, or by mail.
Personal service involves physically delivering the legal documents to the individual, while substituted service involves leaving the documents at the person's residence or place of business or with a person of suitable age and discretion.
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