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New York Affidavit of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

State:
New York
Control #:
NY-CIV-GP-18AI
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PDF
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Affidavit of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

The New York Affidavit of Service of Summons with Endorsed Complaint (Other than Personal Delivery) is a document used to prove that an individual has been served with a summons and complaint in accordance with New York law. This type of affidavit may be used when service is accomplished by mail, publication, or other means of delivery other than personal delivery. There are three types of affidavit of service as defined by New York law: 1. Affidavit of Service of Summons with Endorsed Complaint (Other than Personal Delivery): This affidavit is used when service of the summons and complaint is accomplished by means other than personal delivery. This can include service by mail, publication, etc. 2. Affidavit of Service of Summons with Endorsed Complaint (Personal Delivery): This affidavit is used when service of the summons and complaint is accomplished by personal delivery. This type of affidavit must be notarized and must include the signature of the person served. 3. Affidavit of Service of Summons with Endorsed Complaint (Personal Delivery to Agent): This affidavit is used when service of the summons and complaint is accomplished by personal delivery to an agent or representative of the person to be served. The agent must be authorized to receive service on behalf of the person to be served. This type of affidavit must also be notarized and must include the signature of the agent.

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FAQ

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.

(Proof of Service) (NY) This affirmation of service of interlocutory documents (NY) is a standard template that attorneys can use to prove service of an interlocutory document (other than the initial summons and complaint) in a civil action in New York Supreme Court.

If service is not finished (completed), the defendant's time to Answer the Summons and Complaint does not start to run. 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.

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

OVERVIEW AS TO THE Civil Practice Law and Rules Personal delivery refers to the highest form of service, wherein service is provided within the state to the actual person to be served. Personal service is a part of the actual service, wherein the complaint or the summons is delivered in hand to the respondent.

If you receive a form called a Summons (form SUM-100) it means that someone is suing you in court. In addition to the Summons, you'll also receive another document, called a Complaint. The Complaint says why you are being sued.

Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

More info

Index No. County of. Part. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant."Personal service" means that someone – NOT a party to the case – must personally deliver the court documents to the other side. In "personal service":. The summons and complaint shall be served together. (2) Personal in State. (1) The plaintiff may secure an endorsement upon the original summons for an extension of time within which to complete service of process. (d) Summons: Personal Service. The summons and complaint shall be served together. (2) Personal in State.

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New York Affidavit of Service of Summons with Endorsed Complaint (Other than Personal Delivery)