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Return of service is a confirmation that there was service of process. Also termed proof of service, and the document evidencing service may be termed certificate of service. The document is generally filed by the server, potentially a sheriff or a professional process server, in court.
To start the case, go to the courthouse and pay the filing fee and get your Index Number or Docket Number. If you can't afford to pay the court fees, you can ask for a fee waiver. Put the Index or Docket number and the date of the filing of the summons on all the sets of the papers.
Because of its importance in the legal process, your Proof declares under penalty of perjury the facts stated are true and correct. You can be charged with criminal penalties and may also be subject to a civil suit filed by the parties if your Proof is found to be untrue or inaccurate.
After the case is started by the plaintiff or petitioner, all legal papers that need to be served (delivered) can be given to the other side in person or by regular mail, before giving the original papers to the court. Sample Affidavit of Service and Affidavit of Service By Mail.
Court fee ($210 in Supreme and County Courts; $65.00 in New York City Civil Court) If you are unable to pay this fee, you may ask the court for a fee waiver. in Supreme Court you must also submit a Request for Judicial Intervention (RJI) to have a Judge assigned to the case. There is no fee to file this form.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Service is finished 10 days after the filing and the defendant's time to Answer starts to run.
Rule 310. Proof of such service shall be filed within twenty days with the clerk of the court designated in the summons; service shall be complete ten days after such filing; proof of service shall identify the person to whom the summons was so delivered and state the date, time of day and place of service.