A service assignment in New York involves several dates: delivery, mailing, filing proof, and the date service becomes complete. Missing one can affect the defendant’s response deadline and invite a challenge to service.
The guide covers ordinary civil actions in New York state courts. Confirm the defendant’s legal name, the permitted method, and the deadline before sending the papers for service.
New York service of process at a glance
| Category | Rule |
|---|---|
| Who can serve | Generally, a person 18 or older who is not a party. Professional licensing requirements may also apply locally. |
| Personal service | Deliver the summons directly to the defendant within New York under CPLR 308(1). |
| Substituted service | Deliver to a person of suitable age and discretion at an authorized location, then mail a copy under CPLR 308(2). |
| Nail and mail | Affix and mail under CPLR 308(4) only after the required due diligence. No advance court order ordinarily required. |
| Mailing requirements | For CPLR 308(2) and (4), delivery or affixing and mailing must occur within 20 days of each other. |
| Court ordered alternatives | CPLR 308(5) permits a court directed method when the specified ordinary methods are impracticable. |
| Business defendants | Use CPLR 311 for corporations and CPLR 311-a or applicable LLC Law provisions for LLCs. |
| Service deadline | Generally 120 days after commencement under CPLR 306-b, subject to statutory exceptions and extensions. |
| Response deadline | Generally 20 days after personal delivery within the state; 30 days after completion for specified other methods. |
| Proof of service | Under CPLR 308(2) and (4), file within 20 days after the later act. Service is complete 10 days after filing. |
The table summarizes general rules. The method-specific requirements below determine how service and response dates are calculated.
Who can serve papers in New York
The server generally must be at least 18 and cannot be a party to the action. When hiring a professional server, also check local licensing requirements, including those applicable in New York City. Provide a complete service packet and tell the server which documents must be delivered.
Methods for serving an individual
CPLR 308 sets out several methods. Delivery and mail does not require an unsuccessful personal delivery attempt first. Nail and mail has a separate due diligence requirement.
Personal delivery. Under CPLR 308(1), the server delivers the summons to the defendant personally within New York. Record the date, time, address, and facts used to identify the recipient.
Delivery and mail. Under CPLR 308(2), deliver to a person of suitable age and discretion at the defendant’s actual place of business, dwelling, or usual abode. Mail a copy to the last known residence or actual place of business. The recipient’s suitability depends on the circumstances; the statute sets no fixed minimum age.
Nail and mail. Under CPLR 308(4), affix the summons to the door of the defendant’s actual place of business, dwelling, or usual abode within New York, then mail a copy to the last known residence or actual place of business. Use this method only when service under CPLR 308(1) and (2) cannot be made with due diligence. Keep specific records of attempts and address inquiries.
Mailing and proof. For both methods, delivery or affixing and mailing must occur within 20 days of each other. A business mailing must be first class, marked “personal and confidential,” and must not reveal an attorney sender or legal action on the envelope. File proof within 20 days after the later act; service becomes complete 10 days after filing.
Agents and court directed service. CPLR 308(3) permits delivery to an agent designated under CPLR 318. Under CPLR 308(5), a court may direct another method when service under paragraphs (1), (2), and (4) is impracticable. Follow the order’s exact instructions.
Serving corporations and LLCs
For corporations, CPLR 311 identifies eligible officers and agents. For LLCs, CPLR 311-a permits delivery to specified managers, members, or authorized recipients, depending on the entity’s management structure. Verify the recipient’s authority.
Secretary of State service is another statutory route. LLC Law § 303 addresses domestic and authorized foreign LLCs; § 304 addresses unauthorized foreign LLCs. Business Corporation Law § 306 covers the ordinary domestic and authorized foreign corporation route. Follow the requirements for the particular entity and method.
Service and response deadlines
Under CPLR 306-b, service generally must be made within 120 days after the action begins. For certain actions with a limitations period of four months or less, the statute instead sets a deadline 15 days after that period expires; election-law proceedings are excepted from that provision. Courts may extend time for good cause or in the interest of justice.
Under CPLR 320, the general appearance period is 20 days after service. Specified methods, including CPLR 308(2) through (5), service on an authorized state official, and specified out-of-state service, generally allow 30 days after service is complete. A summons served without a complaint requires separate attention under CPLR 3012.
For delivery and mail or nail and mail, calculate the 30 days from completion of service, which occurs 10 days after filing proof. Keep the mailing receipt and filed proof together so the team can verify the dates.
Frequently asked questions
- Does nail and mail require a judge’s permission?
- Ordinary CPLR 308(4) service does not require advance permission, but its due diligence, location, mailing, and filing requirements must be satisfied. Special proceedings can have additional rules.
- Can papers be left with a coworker?
- CPLR 308(2) allows delivery to a person of suitable age and discretion at the defendant’s actual place of business, followed by the required mailing and filing. Confirm that the location and recipient qualify.
- What if the defendant has moved?
- Confirm a current address and document the investigation. Repeated visits to an unverified address may not support the next method. If ordinary methods are impracticable, counsel can assess a CPLR 308(5) motion.
Arrange New York Service of Process with Magna
Magna provides nationwide process service and skip tracing. For a New York assignment, send the documents, known addresses, and service deadline, and identify any special court instructions. Request service with Magna.
This is general information only, not legal advice. These rules concern state court proceedings. Requirements vary by court, case type, defendant, and circumstances. Consult the current rules and applicable court orders before arranging service.