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New York Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73)

State:
New York
Control #:
NY-CIV-GP-73B
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PDF
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Description

Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73)

New York Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73) is a court document used to serve a summons and complaint to a party in a civil case who is a non-resident of the state of New York. The document is filed with the New York State Department of State and serves as proof of service. It is commonly used to sue a business or individual who is located outside the state. There are two types of New York Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73): 1. Notice of Service of Summons and Complaint on the Secretary of State by Agent: This is used when the plaintiff or their agent serves the summons and complaint on the Secretary of State. 2. Notice of Service of Summons and Complaint on the Secretary of State by Mail: This is used when the summons and complaint are sent to the Secretary of State via certified mail.

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FAQ

In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.

NYC's process service laws outline the following procedure: Serving the summons: The process server may only deliver a copy of the legal documents between in the morning and in the evening. Process serving is prohibited on religious observance days.

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.

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.

The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.

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

Under NY CPLR § 306-b, service of the summons and complaint shall be completed within 120 days after the commencement of an action or proceeding. However, the court may extend the time for service ?upon good cause shown or in the interest justice.

More info

Affidavit of Compliance with VTL 253 (CIVGP73) Notice of Service of Summons and Complaint on the Secretary of State (CIVGP73) If a summons is properly presented, the clerk must issue a summons under signature and seal to the plaintiff for service on the defendant.Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73) General Information To Service on the State Insurance Department (CIV-GP-72) Download Affidavit of Compliance with VTL 253 (CIV-GP-73) – State Unified Court System (New York) form. Party Name; Local Case Number; State Case Number; Hearing.

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New York Notice of Service of Summons and Complaint on the Secretary of State (CIV-GP-73)