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EckoRed81504
We are complete <3
Member since 12/07 6299 total posts
Name:
April
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Question about serving papers?
What happens if they go to serve someone and the homeowner says "xxx doesn't live here"?
Do they have to be given to the person directly or can it be their spouse?
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Posted 8/10/10 8:34 AM  |
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Deeluvsvinny
DONE
Member since 10/08 4952 total posts
Name:
Whatever
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Re: Question about serving papers?
They have to try to serve the person named..they make I think three attempts, if they can get someone to accept on that person's behalf, then they also mail a copy (certified & regular mail) to the named person. If no one will accept, they do certified & regular mail. Instead of 20 days to respond, they get 30.
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| Posted 8/10/10 8:46 AM |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: Question about serving papers?
Depending upon what it is, service by publication (publishing in the public notice part of the newspaper) may be an option.
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| Posted 8/10/10 9:58 AM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Question about serving papers?
It depends on what kind of papers you're trying to serve. Landlord/tenant evictions have different rules, then say a civil suit for money.
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| Posted 8/10/10 11:03 AM |
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EckoRed81504
We are complete <3
Member since 12/07 6299 total posts
Name:
April
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Re: Question about serving papers?
Posted by DancinBarefoot
It depends on what kind of papers you're trying to serve. Landlord/tenant evictions have different rules, then say a civil suit for money.
Let's go civil suit-$
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| Posted 8/10/10 11:12 AM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Question about serving papers?
Posted by EckoRed81504
Posted by DancinBarefoot
It depends on what kind of papers you're trying to serve. Landlord/tenant evictions have different rules, then say a civil suit for money.
Let's go civil suit-$
New York Civil Practice Law & Rules § 308
Personal service upon a natural person shall be made by any of the following methods:
1. by delivering the summons within the state to the person to be served; or
2. by 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 of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
6. For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.
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| Posted 8/10/10 11:56 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Question about serving papers?
It completely depends on the nature of the action and several other factors -- including whether the person is an individual or accepting process on behalf of a business, where the person being served lives relative to the venue of the lawsuit, etc.
Only your lawyer can advise you.
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| Posted 8/10/10 12:30 PM |
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