How to serve someone in New York

New York service of process is governed by Civil Practice Law and Rules (CPLR) §308 and §306, with additional licensing requirements imposed by NYC Administrative Code §20-405 for servers operating in the five boroughs.

Who can serve in New York

Under CPLR §2103(a), anyone 18+ who is not a party may serve. Servers operating within New York City who serve more than 5 papers per year must hold a DCWP (Department of Consumer and Worker Protection) license. Servd's NYC servers are all DCWP-licensed.

Personal service (CPLR §308(1))

Deliver the papers directly to the defendant. One attempt is enough for personal service.

Substituted service (CPLR §308(2))

If personal service fails, leave a copy with a person of suitable age and discretion at the defendant's actual residence or place of business, then mail a copy to the same address. Service is complete 10 days after the affidavit of service is filed.

"Nail and mail" (CPLR §308(4))

After two unsuccessful personal-service attempts at different times of day, the server may affix the summons to the door of the defendant's residence + mail a copy. The court calls this "due diligence" service.

Affix and serve for corporations (CPLR §311)

Corporate defendants may be served on the Secretary of State, on an officer, or on the registered agent. NYC corporate service often goes through Albany.

Deadlines

• CPLR §306-b: Service of summons + complaint must be made within 120 days of filing. The court may extend on good cause or in the interest of justice.
• Failure to serve in time results in dismissal without prejudice.

What it costs

Standard service: $99 flat statewide. Rush: $159. Expedited (same day): $229. NYC included at standard rate.