Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

1. I am a licensed attorney with civil litigation and consumer protection law experience including debtor representation in creditor collection cases. I will be glad to try and answer your questions. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
2. The answer to the first part of your inquiry, concerning service of process, goes like this. Papers cannot be served on Sundays. Likewise, they cannot be served on Saturdays for anyone who can show they keep that day as holy time. Hearing the television on or other evidence of thinking people are home will only count a an attempt, not as completed service of process. You are correct that the likely scenario will be three in-person attempts followed by affixing the summons to your door along with mailing it. Should that also fail, eventually the Court may authorize service by newspaper publication. If service is not affected by actually serving you in person (handing you the notice), the law also provides for the remedy of reversing an adverse judgment but only provided you had a meritorious defense. The botXXXXX XXXXXne is that you can buy some time, but eventually the creditor will effect service of process one way or the other. In terms of more specific time frames, while I can make no guarantees, it would not be unreasonable to extend the proceedings by a month or two while the plaintiff tries to serve you.
3. The second part of your question concerning answering suit is a bit more difficult to answer at this initial and very early stage of the proceedings. Providing a definitive answer would require an actual review of the pleadings. That being said, however, generally one could expect to easily delay final judgment six months as you mentioned and very likely even beyond that time frame. Depending upon whether the summons or notice of petition is served with the complaint or petition governs whether you will have 20 or 30 days to file your answer. Ultimately, you will not know exactly where things stand until you see the actual pleadings. Further answers could be found by studying the Local Rules and Uniform Rules (once you know the name of the Court) as well as the New York Civil Practice Law and Rules.
4. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I am sorry for your circumstances, and I truly hope that things look brighter for you soon as this matter gets resolved appropriately.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Hello again,

Thanks for writing back -- good to hear from you.

I will be glad to comment further -- please see below.

Before I address your inquiry, however, I want to take a moment and say a heartfelt thank for your payment, generous bonus, and most of all kind words -- all greatly appreciated!

Now, on to your most recent post. You are absolutely right about some of the recent controversies surrounding private process servers -- especially in the State of New York. Obtaining personal jurisdiction is such a foundational matter. Without it, the Court can simply not exercise its powers over the Defendant. Yes, the server (who, by the way, has to be license -- I am sure you already knew that point), will have to report back by filing a Return of Service. Generally, for this type of action, service of process has to be completed within 120 days of filing suit. NY CPLR § 306-b. You are indeed correct that both "pinning" (affixing) and mail are required. NY CPLR § 308. The law always favors true personal service -- i.e. literally handing the legal papers to the actual Defendant. The further we get from that ideal (i.e. handing them to an adult at the Defendant's residence) requires more proof that lawful service actually took place.

I hope that helps a bit more. Please feel free to request me again by typing your question in the "Ask Your Question" text box on my Profile Page. In any event, it has truly been a pleasure interacting with you.

Take care and thanks again for choosing JustAnswer®!