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.

Below are some answers to common questions about service. Additional notice requirements are now mandated under the Consumer Credit Fairness Act. CCFA now obligates the court clerk to mail an additional notice of lawsuit and shortens the statute of limitations to three years.

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. Mail alone is insufficient unless you sign and mail back the § 312-A acknowledgment within 30 days.

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 has been called into question by investigations showing inaccurate affidavits.

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:

1. Proof of due diligence: The plaintiff must show they tried but failed to serve you personally or through someone at your home/business. Courts routinely reject 308(4) service without three varied attempts (week-day + week-end; different times) before nailing.
2. 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:

1. 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.

2. 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.

3. Informing the Person: Good service practice would 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:

1. 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

1. 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.

Serving Business Entities in New York (verified June 25 2025)

How do I serve a domestic or authorized foreign corporation?

Answer: Deliver the summons to an officer, director, managing or general agent, or other authorized agent under CPLR 311 (a)(1). If that is impracticable—or you simply want the cleaner paper trail—hand two copies to the Secretary of State under Business Corporation Law § 306.
Service is complete the moment the Department of State (“DOS”) is served; the defendant’s 20- or 30-day answer clock begins then.

How do I serve a limited-liability company (LLC) or LLP that is registered in New York?

Personally deliver the papers to any member, manager, or appointed agent (CPLR 311-a [a]). If that fails, file duplicate copies with DOS under LLC Law § 303; service is complete upon delivery to DOS.

What if the target is an unlicensed (unauthorized) foreign corporation or LLC?

A.

1. Try personal service on an officer/agent found in New York (CPLR 311 [a][1]).

2. If none can be found, use the “long-arm” DOS procedures:

• Corporation: Serve one copy on DOS under BCL § 307; within 30 days mail a second copy (registered mail, RRR) plus notice of DOS service to the company’s out-of-state address and file an affidavit of compliance. Service becomes complete 10 days after that affidavit is filed.

• LLC: Follow the nearly identical steps in LLC Law § 304.

How do I serve a general partnership?

Personally deliver the papers to (i) any partner or (ii) the partnership’s managing or general agent, or serve the partnership in its firm name (see CPLR 310). Any partner—or the managing/general agent—who is personally served becomes individually subject to the court’s jurisdiction.

I still can’t effect service—can the court authorize something else?

Yes. If the usual methods are “impracticable,” move ex parte under CPLR 311 (b) (for corporations) or 311-a (b) (for LLCs); the judge may order service by email, courier, blockchain notice, etc. (New York courts routinely grant such relief when diligence is shown).

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. (Pre-2010 figures). 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. Recent filings have dropped sharply after the 2022 Consumer Credit Fairness Act (CCFA) and the 3-year SOL change. NY courts report ≈ 152,000 default judgments 2019-2024 statewide.

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 may personally serve you at work; an internal policy doesn’t void service, although disruptive conduct can lead to sanctions.

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:

1. C
2. C
3. C
4. B

Click Below to learn more about service based on contract:

Disclaimer (Attorney Advertising)
This blog shares general New York legal information only; it is not legal advice and does not create an attorney–client relationship. Laws change, and results vary—past outcomes don’t guarantee future ones. Consult a qualified lawyer for advice on your specific matter.