Were you properly notified of the lawsuit?

A lawsuit officially begins when you receive a "summons"—a legal document notifying you that you're being sued. This delivery process is called "service" and is required by law for the lawsuit to proceed.

A short quiz appears at the bottom of this page.

Service must comply with New York law and constitutional standards:

Personal delivery of the summons to you; or
Personal delivery to a person of "suitable age and discretion" at your home or business plus follow-up mailing; or
Nailing the summons to your door with follow-up mailing only if it is proved that the prior two methods cannot be made with due diligence plus follow-up mailing.
Service by first-class and certified mail under CPLR 312 when the defendant is a natural person residing in New York State. The mailing must include a return receipt requested and proper endorsement.
"Alternative service" when the above three prove "impracticable" after a showing of due diligence. This requires court order.

Below are some answers to common questions about service. Additional notice requirements are now mandated under the Consumer Credit Fairness Act. For more information about it, see 5 Powerful Lawsuit Defenses for New York Debtors in 2022.

Frequently Asked Questions:

What is an Affidavit of Service?

Answer: An affidavit of service is a sworn legal document completed by a process server that details how and when they delivered legal papers to you. The process server must sign this document under oath, confirming that they properly served you with the summons and complaint.

Important: Simply receiving court papers in the mail by itself is generally not considered proper service under the law.

Must I be personally served, or sign for documents when served?

Answer: No. Personal service is not required to subject you to the court's authority. Nor must you sign for any court documents received. The court – and the public – rely on the process servers to properly serve and create truthful affidavits. This reliance is undermined constantly.

What is "nail and mail" service under New York CPLR § 308(4)?

Answer: "Nail and mail" service is a legal method of delivering court papers in New York when other service methods have failed. It requires:

Proof of due diligence: The plaintiff must show they tried but failed to serve you personally or through someone at your home/business
Two-step process:

Attaching ("nailing") the legal papers to your home or business door
Mailing a copy to your last known address

This method can only be used after unsuccessful attempts at personal service. Courts carefully scrutinize whether genuine efforts were made to serve you through other methods first.

What is "suitable age and discretion" service under CPLR § 308(2)?

Answer: Under CPLR § 308(2) in New York, "suitable age and discretion" service is a method of alternative service that can be used when personal service under CPLR § 308(1) is not feasible. It involves serving the summons and complaint to a person of suitable age and discretion who resides at the defendant's actual place of business or dwelling. Here are the key elements of "suitable age and discretion" service:

Person of Suitable Age and Discretion: The server must deliver the documents to an individual who is deemed capable of understanding the importance of the legal papers and relaying the information to the defendant.
Residing at Defendant's Actual Place: The person of suitable age and discretion should be a resident of the defendant's actual place of business or dwelling. This ensures that the documents are being served at a location where the defendant is likely to receive them.
Informing the Person: The server must inform the person of suitable age and discretion about the contents of the documents being served. This ensures that they understand the nature of the legal papers they are accepting on behalf of the defendant.

It's important to note that "suitable age and discretion" service is considered a substitute for personal service and should be used only when personal service cannot be achieved with reasonable efforts. The server must exercise due diligence to ensure that the person accepting the documents meets the criteria of suitable age and discretion.

What is Service by Mail under New York CPLR § 312-a?

Service by mail in New York is an alternative method of serving legal papers that requires:

The sender must mail by first-class mail:

The legal papers (summons and complaint/petition)
Two copies of a statement of service by mail
An acknowledgment of receipt form
A prepaid return envelope

For service to be complete:

The defendant must sign and return the acknowledgment within 30 days
Service is considered complete when the signed acknowledgment is mailed back

Important notes:

If the defendant doesn't return the acknowledgment within 30 days, the sender must serve them through another method
The defendant still has 20 days to answer the complaint after returning the acknowledgment
The sender can recover costs of alternative service if the defendant fails to acknowledge the mail service

This is an alternative to other methods of service and must include specific forms and statements as outlined in the statute.

What is "Sewer Service"?

Answer: "Sewer service" is fraud where a process server claims they delivered legal papers but actually threw them away (metaphorically "in the sewer"). The server then lies under oath, filing a false affidavit claiming they properly served the papers.

This illegal practice often leads to default judgments against defendants who never knew they were being sued.

How big of a problem is sewer service?

Answer: Sewer service has reached crisis levels in New York City. at a recent point, about 300,000 debt collection lawsuits are filed annually, with roughly 80% ending in default judgments. Statistics show a dramatic increase from 1986, when there were 48,000 default judgments. Most clients we see were never properly served with legal papers.

Is "sewer service" legal?

Answer: Sewer service is illegal. It constitutes perjury and violates consumer protection laws at all levels - city, state, and federal.

How do I find out if I've been sued?

Answer: You can search the New York State E-Courts system online or contact our office for assistance. We can quickly determine if you've been sued, when it happened, and whether a default judgment was entered.

What is a default judgment?

Answer: A default judgment is a court's final decision declaring you owe money because you didn't appear to defend yourself. The court enters this judgment automatically when you don't respond to the lawsuit.

How do I know if a default judgment has been entered against me?

Answer: You can discover a default judgment through:

Searching E-Courts
Contacting our office
Receiving notice from a marshal or sheriff
Having your wages garnished
Getting your bank account frozen
Receiving any document mentioning a "judgment"

Can I protect myself after a judgment has been entered?

Answer: Yes. You can file a motion to "vacate" (cancel) the judgment, especially if you weren't properly served. Our firm focuses on removing default judgments based on improper service, allowing you to defend against the lawsuit.

Does it matter if I actually owe the debt?

Answer: Your constitutional right to proper service exists regardless of whether you owe the debt. Service issues must be raised quickly - if you don't challenge service immediately, you may lose this defense entirely, even if you were never properly served.

What should I do if I see a process server approaching my home?

Answer: You should not avoid or evade service. Running away or refusing to answer your door can make your legal situation worse and may lead to alternative service methods being approved. If a process server attempts to serve you, it's best to accept the papers. Accepting service does not mean you admit to owing anything - it just means you received notice of the lawsuit.

Can a process server serve me at my workplace?

Answer: Yes. Process servers can serve you at your workplace unless your employer has a specific policy prohibiting it. However, they must do so in a way that doesn't cause a disturbance. If workplace service would jeopardize your employment, you should inform the court immediately.

Quiz: Understanding Service Procedure

What is the purpose of an affidavit of service?
A. To confirm the debt amount owed by the defendant.
B. To detail the defendant's assets for the court.
C. To swear to the truthfulness of the facts alleging proper delivery of legal papers.
D. To outline the defendant's criminal history.

What does "nail and mail" service entail?
A. Emailing the summons to the defendant.
B. Physically affixing the summons to the defendant's door and following up with an email.
C. Physically affixing the summons to the defendant's door and following up with mailing.
D. Leaving the summons with a neighbor to give to the defendant.

Under CPLR § 308(2), what is "suitable age and discretion" service?
A. Serving anyone who answers the door at the defendant's residence.
B. Serving a minor at the defendant's residence.
C. Serving the summons to a person capable of understanding its importance at the defendant's residence.
D. Serving the summons to any person outside of the defendant's workplace.

What is a default judgment?
A. A judgment entered for a case being dismissed.
B. A judgment entered against a defendant for failing to appear in court.
C. A preliminary judgment before the case goes to trial.
D. A judgment in favor of the defendant without a trial.

Correct Answers:

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