Subject: Request to Issue Summons by Publication in New York Dear [Recipient's Name], I am writing to formally request the issuance of a summons by publication in accordance with New York State law. This letter aims to provide a detailed description of the process and requirements involved in serving a defendant through publication in various types of legal cases. 1. New York Sample Letter for Request to Issue Summons by Publication in Divorce Cases: In divorce cases, when the whereabouts of the defendant are unknown or the defendant has evaded service, a request for the issuance of a summons by publication becomes necessary. This method allows the plaintiff to provide notice of the divorce proceedings to the defendant by publishing a notice in designated newspapers or publications for a certain period of time, as determined by the court. 2. New York Sample Letter for Request to Issue Summons by Publication in Foreclosure Cases: In foreclosure cases, where the defendant cannot be personally served despite diligent efforts, filing a motion for the issuance of a summons by publication is necessary. By publishing a notice in newspapers authorized by the court, the plaintiff ensures that the defendant receives proper notice of the foreclosure proceedings. 3. New York Sample Letter for Request to Issue Summons by Publication in Civil Cases: For civil cases, if the plaintiff cannot locate or personally serve the defendant, a request for the issuance of a summons by publication becomes crucial. Publishing a notice in specific newspapers designated by the court allows the plaintiff to provide notice of the lawsuit and afford the defendant an opportunity to respond. Before proceeding with the request, please ensure you have conducted a thorough search for the defendant and explored all possible avenues for personal service. This includes hiring a process server, conducting skip tracing, and checking the last known addresses of the defendant. To initiate the process, kindly find enclosed the required documents, including an affidavit of diligent search and inquiry, an affirmation of the merits of the case, and the proposed notice to be published. Please review these documents carefully and let us know if any revisions or additional information is needed. Furthermore, please inform us about the specific newspapers designated by the court for the publication of the summons. If no such designations exist, we kindly request your guidance on selecting appropriate newspapers for publication. Upon approval of this request, we will promptly proceed with the publication of the summons, with consideration given to the time frame mandated by the court. We appreciate your attention to this matter and look forward to your response. Should you require any additional information or have any specific instructions, please do not hesitate to contact us. Thank you for your assistance. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
New York Sample Letter for Request to Issue Summons by Publication
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How to fill out New York Sample Letter For Request To Issue Summons By Publication?
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FAQ
Generally, They can't leave the documents at your door, but if they have tried to deliver the documents directly to the person being sued; or have tried delivering the documents to a substitute person of suitable age and discretion at the place of business or the home of the person being sued, then the process server ...
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 ...
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
§ 308 instructs how to serve process in New York State. Although it does not expressly include service by e-mail, case law is evolving so that service via e-mail is increasingly accepted by New York courts.
An order for service of a summons by publication shall direct that the summons be published together with the notice to the defendant, a brief statement of the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of ...
Either a summons and complaint or a summons with notice are prepared to start an action. If a summons with notice is used, you will have to file and serve a complaint later in the case. These are known as initiating papers.
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.
To authorize service of process by e-mail or facsimile transmission in New York, C.P.L.R. § 308 requires the plaintiff to make an ex parte motion. Otherwise, service may be deemed invalid even if the defendant received the summons. The plaintiff must also prove that service under all other methods is impracticable.
