New York Service of Process Rules

**FAMILY COURT:** - **V DOCKET** MUST BE IN HAND PERSONAL SERVICE ONLY - **F DOCKET** SUITABLE SERVICE

**DIVORCE:** IN HAND PERSONAL ONLY

**ORDER TO SHOW CAUSE (OTSC)** : PLEASE READ THE ORDER BEFORE SERVING, THESE SOMETIMES WILL STATE SUITABLE SERVICE IS PERMITTED

**FEDERAL SUBPOENAS**: PERSONAL IN HAND ONLY, UNLESS IT IS FOR DOCUMENTS

**BY WHOM SERVED.** Except where otherwise prescribed by law or order of court, papers may be served by any person not a party of the age of **18 years or over**. **SUNDAY.** Service of process on Sundays is **prohibited**. **PERSONAL SERVICE, INDIVIDUALS.** Personal service upon a natural person shall be attempted first by delivering the summons within the state to the person to be served. **SUBSTITUTED SERVICE, INDIVIDUAL AT A RESIDENCE.** If personal service is not possible: 1. Substituted service shall be served upon anyone **15 years or older** if it is confirmed that the individual resides there. * The serve attempt must contain a description of the person served. * This MUST be **followed up with a mailing** to the individual at the serve address (via regular mail) with no return address, in an envelope clearly marked PERSONAL & CONFIDENTIAL. 2. If **after the third (3rd) attempt** service has not been completed, a "Nail & Mail" is to be completed. * The **summons MUST be posted** to the front door with tape. * This MUST be **followed up with a mailing using the same mailing methods as above.** Such delivery and mailing to be effected **within 20 days** of each other. **SUBSTITUTED SERVICE, INDIVIDUAL AT A BUSINESS.** If personal service is not possible: 1. If it is confirmed that the individual still works there (or is the owner) a manager or if need be, any employee can be served. 2. Service by **refusal is NOT allowed.** 3. The serve attempt must contain a **description and a name/title (if possible) of the person served.** 4. This MUST be **followed up with a mailing** (via regular mail) with no return address, in an envelope clearly marked PERSONAL & CONFIDENTIAL. 5. If **after the third (3rd) attempt** service has not been completed, **contact the PROOF Territory Manager for New York** for instructions and a possible "Nail & Mail". **CORPORATIONS AT A BUSINESS.** 1. An **owner, manager, or any employee authorized** to accept service can be served. 2. The serve attempt must contain a **description and a name/title (if possible) of the person served**. 3. **If the served person has no title** or has a title less than "manager" the serve **MUST be followed up with a mailing** (via regular mail) with no return address, in an envelope clearly marked PERSONAL & CONFIDENTIAL. 4. If **after the third (3rd) attempt** service has not been completed,** contact the PROOF Territory Manager for New York** as this serve will be redirected to the NY Secretary of State for service. **CORPORATIONS AT A RESIDENCE.** 1. Only an **owner, manager, or any employee authorized** to accept service can be served. 2. The serve attempt must contain a **description and a name/title (if possible) of the person served.** 3. The **owner will typically be listed as a defendant** on the lawsuit by name. 4. If **after the third (3rd) attempt** service has not been completed, **contact the PROOF Territory Manager for New York** as this serve will be redirected to the NY Secretary of State for service. **SUBPOENA.** **Personal service only** by delivering the subpoena within the state to the person to be served. **BAD ADDRESS.** If the address is confirmed to be bad (the individual or corporation is known to not be at the address) please **mark the attempt as "BAD ADDRESS" immediately** so that PROOF can determine a better address or close the serve for payment.

**Military Service:** Please ask all individual defendants if they are on active military service. If you complete a job with substitute service, please ask this question as it relates to the defendant, not the person accepting service. Ensure that you obtain evidence of current Military Service if they answer yes (Military ID, Orders, etc.) and obtain a copy or image of this evidence.