Process Server Resources

New York

Documents:

  • When you receive service documents via email, make sure to print out two copies of the documents. One set will be mailed to the servee upon completion of a substitute service or posting.
  • All proofs and legal documents for New York courts should be signed in black ink.

Service:

  • We have 120 days to serve a summons in NY before it expires.
  • Posting documents is allowed if residency has been confirmed and 3 prior attempts have been made: one between 7am-12pm, one between 12pm-6pm, and one between 6pm and 10pm. You must state in one of your attempts how residency was confirmed.

You can post documents on your third trip to the address provided you enter an attempt in ABC Mobile before the service. Here's what that looks like:

You have made two prior attempts at a residence and received explicit confirmation that the servee currently resides at the address. On the third trip there, go into ABC Mobile and log an attempt that explains how you attempted to serve the defendant, but received no answer. This would be the third activity on that order, visible in the history tab. Afterward, you are free to post and enter those service details.
  • Foreclosures cannot be posted until after four attempts have been made.
  • Residency can be confirmed by checking with neighbors or leasing office, or by seeing mail addressed to the servee at the address. If special handling instructions on the coversheet state that residency was confirmed via DMV/Postal, you may serve regardless of what a resident says, or post after diligence is complete.
  • There may be no service attempts on a Sunday.
  • Service at a business must be completed in person and cannot be posted.

Mailings:

  • If the documents are sub-served or posted, you must mail an additional copy of the documents to the defendant within 10 days of the service. You will need to write the date of mailing on the proof of service.
  • Envelopes for mailing are obtained through ABC Legal. They will come with pre-paid postage and will be marked “Personal and Confidential”.

Proofs:

  • We have 20 days to file a proof after the date of service or date of mailing. If proofs are not filed within this window, the service will be rejected by the court - costing us time, money, and potentially customers.
  • Due to these tight time-frames, it is encouraged that process servers file their own proofs in their local courts. This leads to faster pay for you and happier customers for us all.
  • All Proofs of Service must be notarized. Proofs of Non-Service do not.
  • If you are serving a Consumer Credit Transaction document, then an accompanying mailer will be generated along with the proof. Deliver this mailer in a sealed envelope, along with the proof, when filing with the court. The court will then mail it to the defendant. Reach out to ABC Legal to receive pre-paid envelopes to send the mailers in.

Scans:

  • Proofs filed at the court should be scanned and sent to NYDispatch@abclegal.com
  • Send scans of Unfiled proofs to docattach@abclegal.com and then mail the proofs via UPS to the Brooklyn office. UPS postage for this purpose can be obtained from ABC Legal.