New York Withhold Issuance of Service of Process Request
Description
How to fill out Withhold Issuance Of Service Of Process Request?
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FAQ
If you have an address for the restrained person, you can ask the sheriff or marshal to serve your papers, and they will do it for free. You believe the restrained person is avoiding (evading) personal service. Be ready to explain why you think the restrained person is avoiding service.
I. Unredacted versions of putatively confidential documents may be filed by counsel on NYSCEF for the Court's consideration in reviewing the Order to Show Cause. When filing the unredacted document on NYSCEF, choose the ?Request to Seal? option when selecting the ?Document Type.?
After the case is started by the plaintiff or petitioner, all legal papers that need to be served (delivered) can be given to the other side in person or by regular mail, before giving the original papers to the court. Sample Affidavit of Service and Affidavit of Service By Mail.
If you still can't locate the defendant, you can ask the Court for permission to serve the defendant by mail. In other words, you are asking the Court to relieve you from using personal service or substitute service.
Service of process may also be served electronically on the Secretary of State as agent of a domestic or authorized foreign corporation, limited liability company, limited partnership, limited liability partnership, general association or condominium board provided such entity has provided the Department of State with ...
If you cannot find them, you can show the court everything you tried to find them and ask for permission to serve them publishing the court papers in a newspaper or posting them in the court.
Substituted Service (CPLR 308(2)): If service is made by leaving the summons at the defendant's dwelling or usual place of abode with a person of suitable age and discretion, and then mailed, the defendant has 20 days from the date the affidavit of service is filed to answer.
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 ...
