When a New York resident files a complaint against another fellow New Yorker, the case will be filed and tried in the local court that has jurisdiction over the subject matter and the defendant. But what if the plaintiff is from another state while the defendant is from New York? The situation would call for an out-of-state process service in New York.
An out-of-state process service takes place when a defendant is served papers by a process server hired by the plaintiff who comes from another state. So if a person who lives outside of New York wants to sue someone who lives and works in the Big Apple, they will need the services of a professional process server.
Out-of-state process service is not to be confused with out-of-state subpoenas. The former is necessary for a case to begin, while the latter is about gathering evidence or calling in witnesses from another state.
Serving Out-of-State Lawsuits
The process is similar to how a process server would serve legal papers within the same state. Since the goal is to inform the defendant of the lawsuit being filed against him, the plaintiff may enlist the sheriff’s office at the defendant’s home state to do the service of process. However, this is becoming more uncommon as professional licensed servers are now getting the majority of requests for process service.
Plaintiffs must get in touch with a process server who operates in the defendant’s city or state. The plaintiff must also send the documents to be served and settle the process server’s fees. After serving the defendant, the process server will complete the documentary requirements as proof of the service.
Why Hire an Out of State Process Server in New York?
While not required, hiring licensed process servers in New York is the best option for out of state lawsuits. These are professionals who can ensure that the process service will be carried out accurately, correctly, and as quickly as possible. They know the rules of process service and what to do to avoid a “bad service.”
When Does Out of State Process Service Apply?
Out-of-state process service happens more often than most people think. A defendant could move to another state; you could move to another state; the defendant could find employment and relocate in another state, or the defendant may have business in New York and is only here for a few months in a year.
The question of jurisdiction and venue will surely enter the conversation, but that matter can be debated further after the defendant has been served. To get the ball rolling, the service of process must be carried out as quickly as possible.
When Hiring Process Servers, Hire from the Best
Our process servers at Serve Index LLC are qualified and capable of serving out of state lawsuits to defendants residing in New York City. If you are an individual filing a lawsuit or a legal representative of a plaintiff who wants to take a New York resident to court, we can help you ensure that your case proceeds as planned.