New York process serving laws and regulations
The laws and regulations surrounding process services vary from state to state. Thus, it’s important to understand New York laws to keep your legal document delivery within legal compliance.
These regulations can change at any time, which is why entrusting your process-serving needs to a firm, like Firefly Legal, that remains knowledgeable of and compliant with process-serving laws is vital.
Some of the laws you should know include:
- In New York City, all process servers must be licensed via the NYC Department of Consumer Affairs rather than through the state.
- Process servers who work as freelance contractors must provide a surety bond of $10,000
- All legal summons must include the date of the court filing, a court index number, and a specific address for the plaintiff issuing the claim.
- A detailed proof of service is required for all process services. This record should include the documents served, the date, time, place, and manner of service, and the name of the licensed process server. This recorded proof needs to be filed as an Affidavit of Service with the courts.
- A sheriff, an authorized public officer, or a licensed process server can deliver legal papers.
- All summons and court filings of legal papers must be served within 120 days of the initial filing.
- If processes cannot be served with due diligence, a summons can be affixed to the door of a named party’s residence or owned business.
Hours a process server can deliver documents
The hours a certified process server can deliver documents in New York may vary based on the nature of the legal case and the time-sensitive documents required. Therefore, it’s important that the process servers you hire understand the nuances of each delivery, as any misstep could render the legal papers void.
However, the general rules of hours of delivery in New York mandate that legal documents should be served between 6:00 a.m. and 10:00 p.m. Any papers served before or after these hours may not be recognized by the courts.
Who can be served in New York?
A named defendant in a legal claim must be served papers in a timely manner to ensure they have due process to respond to the claim, or, file a counterclaim. If your case is filed against a union or a government agency rather than an individual, it’s important to know who you can serve.
The following people are legal recipients of New York process servers:
- Any private citizen over the age of 18
- Designated representatives of a government agency
- Designated representatives of institutions such as academic institutions and hospitals
- Business owners
- Union heads
- Parents or legal guardians of minors named as defendants in a claim