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Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
To serve the papers by mail, have a friend or relative go to the post office and pay to have the papers mailed to the Defendant this way. Once the papers have been delivered, you should get a green card (the return receipt) in the mail.
Process may be served on a resident or nonresident individual by (1) delivering a summons and a copy of the complaint to the defendant personally; or (2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee.
A person serving papers must be 18 years of age or older and must not be a party to the case (CPLR 2103[a]). Papers may be served by a process server, friend or relative of a party so long as he or she is not a party to the case.