In an ideal world, the respondent to a lawsuit would be easy to locate and serve. It won’t take process servers more than a day to serve the individual with legal papers and complete the task the right way by filing an affidavit of service. As the plaintiff or party who filed the lawsuit, you’re confident that your case can push through on the appointed court date because the service of process is completed within the time limit.
Unfortunately, this ideal scenario doesn’t always happen in real life. Some respondents (especially those who hide on purpose) are hard to trace; and even when their addresses are found, they are still often absent.
When faced with a similar problem, your next best option is to serve the defendant through the mail. This process must follow the rules set by the New York courts, however, so you need to entrust the job to experienced process servers who know how to do it properly.
Personal Service by Mail
The 2019 New York Civil Practice Law and Rules Article 3 (which covers the Jurisdiction and Service, Appearance and Choice of Court) states that personal service by mail is a permissible alternative to other methods of personal service. This means that if Personal Delivery, Substituted Delivery, and Conspicuous Delivery (also “nail and mail” service) fail despite multiple genuine attempts, you may ask the court for permission to use other means of service — namely, process service by mail.
This method of process service must, however, follow a specific procedure. Any errors or deviations in its execution could invalidate the service. In other words, if the service by mail is done incorrectly, the defendant could request that the court dismiss the case because of “bad service.”
You can avoid this outcome by working with Serve Index LLC. Our licensed process servers have experience in serving legal documents through certified mail, email, fax, or FedEx. We can serve legal documents to respondents or defendants nationwide and anywhere in the five boroughs of New York (Bronx, Brooklyn, Manhattan, Queens, and Staten Island), as well as Nassau and Suffolk Counties in Long Island.
The Advantages of Personal Service by Mail
Our services can give you the following benefits:
- Avoid spending more than what you and your client is willing to pay for tracing and serving an evasive defendant.
- Avoid a dismissal without prejudice (a judge dismisses your case because the legal papers were not served correctly to the defendant).
- Avoid having to start a case from the beginning and the cost that comes with it.
- Meet the court’s deadline for the service of process:
- Within 120 days of filing for a summons with notice or summons with complaint
- At most, 15 days after the statute of limitations expires for cases whose statute of limitations is four months or less
You Can Trust Our Trained and Experienced Process Servers
Serve Index LLC employs licensed process servers who know the ins and outs of the New York service of process rules. With instincts honed through experience and training, our process servers know how, where, and when to serve a defendant or respondent. Preserving the integrity of your case is important, so we make sure to execute the service of process (and the service of any subsequent papers) according to the rules of the New York courts.