New York State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

An out-of-state process service takes place when a defendant is served papers by a process server hired by the plaintiff who comes from another state. So if a person who lives outside of New York wants to sue someone who lives and works in the Big Apple, they will need the services of a professional process server.

By delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first ...

SERVICE OF THE INITIATING PAPERS 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.

In New York, service of process is usually performed by a process server and service is made pursuant to among others, CPLR Rules: 307 (State), 308 (natural person), 309 (infant, incompetent or conservatee), 310 (partnership), 310-a (limited partnership), 311 (corporation or governmental subdivision), 311-a (limited ...

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.

Service of process on the New York Secretary of State as agent of a corporation or other business entity may be accomplished by serving an authorized person at the New York Department of State's office at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

An out-of-state process service takes place when a defendant is served papers by a process server hired by the plaintiff who comes from another state. So if a person who lives outside of New York wants to sue someone who lives and works in the Big Apple, they will need the services of a professional process server.

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New York State Court Summons or Service of Process