There are several requirements and constraints associated with the rules of service of process. It is very important to note that papers cannot be served by someone who is involved in the case or legal proceeding.
A legal process server delivers (serves) these documents to the defendant or individual listed on the legal document being served. Once the documents are delivered, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service.
An Affidavit of Service, also called a Proof of Service, is a signed document provided to you upon completion of serving your documents.Additionally an Affidavit of Due Diligence may be provided if the person to be served cannot be located after attempts or the address of service is incorrect.
We typically attempt service on any address that is supplied. However there are instances where a company may not allow access to an employee for unrelated personal services.
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. Before this can happen, you may be asked to prove to the court that a reasonable attempt was made to actually serve the defendant or the person named. This is where the hiring of a professional process server comes into play. Are there any guaranteed subpoena process serving results? We will guarantee as long as you provide a valid address we will attempt to serve your assigned papers.
In most cases they do not have to accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers there are prior cases wherein service was accepted by the courts although the recipient tried to avoid same.
In many cases you will be able to fax or email
papers us. Typically this is permissible
as long as there is not a raise embossed seal on the papers from the court. It is
your responsibility to validate if the original papers need to be served before
determining how you will remit the papers to us.
PRO Se-Reference Points
If you are remitting papers to us directly as a pro-se litigant, you are acting as your own legal counsel. We are not able to provide any legal advice and recommend you contact the courts as to how to effectuate service before contracting with us to serve your legal papers.
The questions you need clarify before dispatching same are the following:
1. Is the service personal only or substitute serviceable?
Personal service means a person tries to physically attempt to serve at the address you provide. If the named respondent (defendant) can be substitute served wherein anyone at the address accepts the papers that is substitute service. If the named respondent (defendant) can only be served directly, that is personal service only. Typically this is for citations and or custodys situations.
2. What are the timelines in which service needs to be made?
Typically the court will indicate this at the time you purchase an index number (filing your lawsuit).
3. Is there a service guarantee?
We guarantee that we will try to serve at the address you provide to us, and provide you an affidavit of due diligence if unable to be served. However, we cannot guarantee a respondents presence unless it is an amicable service in which they agree to be served directly. Service fee includes the affidavit of due diligence which may afford you alternative service methods granted by the court.
4. What information do I send when I remit a service request?
As a Pro Se litigant you need to remit a cover letter or contact email with your name, address, phone number, email and directions of what you are requesting of us to serve. We need to know what documents you are having us serve and copies of the caption page listing plaintiff (s)/defendant(s) You are responsible for following up with the court that has jurisdiction of your case in regard to how handle same.
5. What legal advice can NY Server LLC provide me?
We cannot provide any legal advice as we are not attorneys.