Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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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.
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