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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.
Process servers are prohibited from trespassing on private property to serve process in nearly every state in the United States. Such incursions, no matter how innocuous, are considered not only invalid, but also illegal, and offenders may face penalties.
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.
The most common way is to deliver a copy of the Complaint or other legal filing to the Defendant. A process server may also leave copies of the paperwork at the person's house. However, the documents must be received by someone at the home who is at least 15 years of age.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent. ... Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed. ... Conspicuous delivery.