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New York Affidavit of Substitute or Conspicuous Place Service

State:
New York
Control #:
NY-SF-51
Format:
PDF
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Description

Affidavit of Substitute or Conspicuous Place Service

The New York Affidavit of Substitute or Conspicuous Place Service is a legal document that is used to provide proof of service of legal papers. This document is used when a person is unable to personally serve legal papers, and instead, must use a third party to serve the papers. The affidavit can be used for different types of service, including: personal service, substitute service, conspicuous place service, or service by mail. Personal service is when legal papers are served directly to the person being served. Substitute service is when legal papers are given to a third party who is not named as the defendant in the court papers, but who lives in the same household as the defendant. Conspicuous place service is when legal papers are placed in a visible location on the defendant's property, such as a doorstep, mailbox, or fence. This type of service must be accompanied by a New York Affidavit of Substitute or Conspicuous Place Service, signed by the person that served the papers. Service by mail is when the legal papers are sent to the defendant through the United States Postal Service. This type of service must also be accompanied by a New York Affidavit of Substitute or Conspicuous Place Service, signed by the person that mailed the papers. The affidavit must include information such as: the name of the person being served, the date and time the papers were served, the address where the papers were served, the name of the person that served the papers, and a brief description of how the papers were served. It is important to note that the affidavit must be filed with the court.

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FAQ

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.

Example: I, Jane Smith, swear that the information in my sworn statement is truthful to the best of my knowledge and understanding. Your statement of truth must be in the first person and you need to identify yourself in it. Keep it short and sweet.

Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.

The Affidavit must be signed by the server in front of a notary public.

It is a notarized testimony assigned by the server, with details of the time date, and manner of service as well as the identity of the person served in order to have a record of the service.

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New York Affidavit of Substitute or Conspicuous Place Service