Effective January 1, 2024, notarized affidavits are no longer required for most sworn statements submitted in New York state court. No longer limited to lawyers and doctors, court-filed affirmations are now permissible from any witness.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information).
To ask the Court to change your name or your child's name, you need to give the Court the following: Name Change Petition, and Proposed Order. (The petition must be filled out and signed in front of a Notary Public. You may need additional forms to change a child's name.
If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
When the defendant files an answer to the complaint, a copy of the answer must be provided to the plaintiff. An affidavit of service is then filed as proof that the document was provided to the other party.
How to fill out the Affidavit of Service Template for New York? Collect the names and addresses of all parties involved. Fill in the date and method of service. Indicate the name of the person serving the papers. Provide a complete address of where the service occurred. Sign and date the affidavit.
The backlog of court cases in your district will often determine how quickly a name change request can be processed. Many states require a court appearance before a judge before a name change is approved, and in some cases, court dates may need to be scheduled weeks or even months in advance.