Frequently Asked Questions
Common questions about process serving in New York, answered by assigned team.
What is process serving under New York law, and why is strict CPLR compliance critical?
Service of process is the formal procedure by which a plaintiff gives legal notice of a court action or subpoena to a defendant, respondent, or witness so the court acquires personal jurisdiction. In New York State, service is governed by Article 3 of the Civil Practice Law and Rules (CPLR §§ 308–318), NY Real Property Actions and Proceedings Law (RPAPL § 735), and Domestic Relations Law (DRL § 232). If service fails to comply with statutory delivery, mailing, or 20-day filing deadlines, the action is vulnerable to a Traverse Hearing and dismissal under CPLR Rule 3211(a)(8).
What are the NYC DCWP licensing and electronic GPS logbook requirements under NYC Admin. Code § 20-403?
While CPLR Rule 2103(a) states generally that papers may be served by any non-party age 18 or older, New York City Administrative Code § 20-403 requires any person who serves process five or more times in any one year within the five boroughs to hold an active NYC Department of Consumer and Worker Protection (DCWP) Individual Process Server License and maintain a $10,000 surety bond (§ 20-406.1). Additionally, 20 RCNY § 2-233c and CPLR § 306(c) require every NYC service attempt to be recorded in a bound chronological logbook and transmitted to an independent third-party electronic GPS vendor.
How fast can you serve legal documents in New York City and across New York State?
We offer three flat-rate speed tiers across all 62 New York counties: Standard Service ($95) with a first attempt within 5 business days; Priority Rush Service ($145) with a first attempt within 48 hours; and 24-Hour Service ($195) with a first attempt within 24 hours—ideal for Orders to Show Cause, expiring statutes of limitation, and urgent deliveries to CT Corporation System (28 Liberty St, NY) or the NY Secretary of State (99 Washington Ave, Albany). Service at New York City addresses (all five boroughs) adds $100 per tier, because NYC requires licensed process servers.
What is included in your standard flat rate, and when can 'Nail and Mail' be used?
Every service order includes a field service attempt by an assigned server, recorded in the server's logbook (with electronic GPS coordinates for NYC serves). Under CPLR § 308(4), 'Nail and Mail' (conspicuous-place affixation plus first-class mailing in a 'Personal and Confidential' envelope) is permitted only after genuine due diligence shows that personal delivery (§ 308(1)) and delivery to a person of suitable age and discretion (§ 308(2)) cannot be made.
What is the 20-day filing rule under CPLR § 308(2) and § 308(4)?
When service is made upon a person of suitable age and discretion (CPLR § 308(2)) or by affixing to the door (CPLR § 308(4)), the server must both deliver/affix the summons AND mail a copy by first-class mail in an envelope marked 'Personal and Confidential' within 20 days of each other. Then, the sworn Affidavit of Service must be filed with the clerk of the court (via NYSCEF) within 20 days of whichever act occurred later. Service is statutorily complete 10 days after filing.
Can you serve the New York Secretary of State in Albany or CT Corporation System in Manhattan?
Yes. Assigned Manhattan servers hand-deliver corporate process and subpoenas to CT Corporation System at 28 Liberty Street, New York, NY 10005, and to the NY Department of Financial Services at One State Street, New York, NY 10004. Assigned Albany servers visit the NY Department of State at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 (under BCL § 306 / LLC Law § 303) and Corporation Service Company (CSC) at 80 State Street, Albany, NY 12207 every business day.
What proof of service do I receive once my documents are served?
If the delivery attempt is successful, we prepare a sworn, notarized Affidavit of Service compliant with NY CPLR § 306. It details the exact date, time, address, manner of service, recipient name and physical description (sex, skin color, hair color, approximate age, height, and weight under CPLR § 306(b)), and—for all New York City serves—the NYC DCWP license citation and third-party electronic GPS coordinates under CPLR § 306(c). A successful delivery is documented with a signed proof of service sent to your inbox as a PDF for NYSCEF upload.
Do you advance statutory witness fees under CPLR § 8001 for subpoenas?
Yes. Under CPLR § 8001(a) and § 2303(a), a witness served with a Subpoena Ad Testificandum must be tendered $15.00 for one day's attendance in advance (plus $0.23 per mile travel outside the city of attendance), while a Subpoena Duces Tecum for records under CPLR § 8001(b) requires an advance tender of $15.00. We advance the statutory witness check or cash in the field and document the tender on the Affidavit of Service.
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