The Importance of Proper Service
February 01, 2021
The right to be informed of a civil lawsuit against you is enshrined in the United States Constitution’s due process clause, which states that “no person can be deprived of life, liberty or property without due process of law.” This has been codified in state and federal laws that require claimants to serve papers on defendants in carefully delineated ways. Improper service can cause cases to be delayed or dismissed and New York Civil Practice Law and Rules (CPLR) §308, is especially detailed and strict. That’s why it’s important to hire the best process server in New York to ensure that your papers are properly served.
Procedures For Serving Legal Documents In New York
CPLR §308 can be summarized as follows:
Personal service upon a natural person shall be made by:
1. Delivering the summons within the state to the person to be served;
2. 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 PLUS mailing with very specific requirements including time limits;
3. Delivering to an agent designated for service, except in matrimonial actions
that have separate rules under §232 of the Domestic Relations Law;
4. Where service under (1) and (2) cannot be made with due diligence, the summons may be affixed to the door of the actual place of business or dwelling PLUS mailing with some very specific requirements;
5. In a different manner that has been approved by the court;
6. Actual place of business is defined as the place the defendant advertises as their business, or holds it out to be their business. It’s important that the method of service be properly recorded by the person performing the service, so that the details can be presented to the court if the service is challenged. That’s why the best process servers in New York always fill out an “affidavit of service” that describes in detail all attempts at service, and how the service was carried out.
What Could Possibly Go Wrong?
The person you’re suing has a right to challenge the validity of your service upon them, and improper service can delay or destroy your lawsuit. The best process servers in New York know that they must only leave papers with somebody of suitable age, so they won’t leave them with a twelve year old babysitter.
Experienced New York process servers know that New York courts have defined due diligence as at least three attempts to serve a person (Cornhill LLC v Sposato, 2017) and affixing the summons to a door is not proper due diligence without these prerequisite attempts. There are additional special rules for serving municipalities and businesses, plus laws are changing all the time. That’s why attorneys and savvy self-representing individuals always use professional process servers when serving papers in New York.
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