15 Sep How to Serve Legal Papers in New York
How to Serve Legal Papers in New York
If you want to learn how to serve legal papers in New York then you have come to the right place. We provide you some basic knowledge that everyone who is looking into having legal papers served should know.
After the petitioner has started the case, the papers for this case have to be delivered to the defendant. By serving these papers, the defendant is notified that legal action has been taken. Proof that the defendant has received these papers has to be given to the court. It is imperative that the papers are served the right way because if not, the papers may not count under the law, thus making the petitioner having to start the whole case again. The judge’s dismissal is known as dismissal without prejudice.
Who can serve legal papers?
No party involved or who has any interest in the case can serve the papers. A process server like those that First Class Process offers can be hired to serve the papers. Our process servers are reliable, thus making your legal process less stressful. A friend may also serve the papers. In any case, this person delivering must be 18 years old or older. In New York City, the person serving the papers cannot serve more than 5 papers per year.
How are legal papers served?
There are three methods of delivery.
- Personal delivery: The defendant is handed the legal papers directly anywhere. Papers must be served throughout the hours of 6 am and 10 pm, except on Sundays or any days of religious observance when no legal papers can be served.
- Substituted delivery: A substitute is handed the papers to give to the defendant while copies of the papers are made to be sent in the mail.
- Conspicuous delivery: Papers are left in a place where they are likely to be found by the defendant while copies of the papers are mailed. This delivery is made when Personal and Substituted delivery cannot be done.
For more information, you can contact First Class Process to help guide you and offer the right services for you.
