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.
Posting documents is allowed if you have Confirmed Residency, the method of confirmation is stated in an attempt, and 3 prior attempts have been made at the following times:
- One between 7am-12pm
- One between 12pm-6pm
- One between 6pm and 10pm
If special handling instructions on the coversheet states that residency was confirmed via DMV/Postal, you may serve to any resident - even if they say the defendant does not live there - or post after diligence is complete.
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 "Attempted", explaining 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 via the "Served" selection.
Foreclosures cannot be posted until after four attempts have been made.
There may be no service attempts on a Sunday.
Service at a business must be completed in person and cannot be posted.
Phone numbers should not be sought nor should phone contact be attempted.
You must ask whether the person named on the coversheet is currently enrolled in the military.
When performing Substitute Service, the co-resident must be at least 14 years of age or older. If the co-resident who accepted the documents is 14 years of age please do not use the selection "14 and under". List their exact age and how it was confirmed in your service notes.
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”.
We need proofs signed and returned as quick as you can get them to us, especially Proofs of Service.
ABC Legal has only 20 days to file a proof with the court 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.
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.
All Proofs of Service must be notarized. Proofs of Non-Service do not.
See also: Notary Proofs
Proofs filed at the court should be scanned and sent to NYDispatch@abclegal.com
Unfiled proofs should be scanned and sent to email@example.com. Then mail the physical proofs to the Brooklyn office.