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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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In serving a law suit, what are the rules of the server

Customer Question

In serving a law suit, what are the rules of the server actually serving this law suit papers? And if it is a city gov. suing an individual or a company, what requirements do they have to abide with? this is NYC.
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
The New York Courts have a good summary (with illustration) as to how to properly serve a summons and complaint: The article includes a section on serving government entities. Licensed process servers will be intimately familiar with these laws as they perform these tasks regularly.
Customer: replied 2 years ago.
Does a corporation has to be served by service of process made on the New York Secretary of State if the corporation is incorporated in NYS? Or is this optional?
Expert:  CalAttorney2 replied 2 years ago.
No, that is the "backup" provision in case you cannot serve the corporation this way:"Service On a Corporation: A corporation shall be served by delivering the process to an officer, director, general agent, cashier or assistant cashier (as defined in cases interpreting this law) or upon any other agent authorized by the corporation to receive service. See CPLR 311."But you must first try to serve the corporation directly (hire a licensed process server to do this for you - contact your local bar association for referrals).
Customer: replied 2 years ago.
I am asking because the city which is suing my company sent one of their officers (party to the case) to serve me at my residence! he didn't ask whether I was an authorized agent for the corporation. Also, he was from the same office that is suing the corporation, so he was indeed party to the case and not independent. I learned of his position just now after many months of when the service took place. Can I allege that the service was faulty?
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, if you are many months into the case the proof of service is no longer at issue, and is not going to be subject to a "motion to quash service" (the motion used to attack improper service).
Customer: replied 2 years ago.
but the opposing party is saying now that the corporation didn't answer and they also sued individuals but serving through one of their employees of the same office. while it's many months later, it is still at the stage of our submitted motion to dismiss and answer to it by city.
Expert:  CalAttorney2 replied 2 years ago.
The City is not likely going to lose the case this motion based on having a city employee serve the papers (you are dealing with a governmental agency, not a private corporation).You can try filing a "motion to quash" - this is a "responsive pleading" that allows you to attack the pleadings as they are filed, but if you are also trying to attack the entries of default against you at the same time it is much more complicated.(I would highly advise you to retain a lawyer - you can probably salvage your case at this stage, but you need help to do so).