Process Server Response Time

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Summary

In New York State, youre not legally required to open the door for a process server. Avoiding service doesnt stop legal proceedings; the server can use substitute service methods like leaving documents with someone of suitable age, mailing them, or publishing a notice. Claiming non-receipt of mailed documents may not halt proceedings, as courts often accept proof of mailing. Proof of mailing includes receipts or certificates proving the document was mailed. Once served, you generally have 20 days to respond if served personally, or 30 days if served through other means. A response typically involves filing an Answer to the complaint, which can include admitting/denying allegations or raising defenses. Always consult an attorney for personalized advice.

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Substitute service?
In New York State, substitute service means if a process server can't serve you directly, they can:
- Leave the documents with a person of suitable age and discretion at your home or business.
- Mail the documents to you at your last known residence.
- Publish a notice in a local newspaper.
If the process server mail the papers to your home can't you say that you never did receive or see the mail
In New York State:
- Claiming non-receipt of mailed documents may not halt proceedings.
- Courts often accept 'proof of mailing' as evidence of service.
- It's advisable to consult with an attorney in such situations.
Proof of mailing?
In New York State:
- Proof of mailing typically refers to a receipt or certificate proving that a document was mailed.
- This could be a receipt from the post office, a certificate of mailing, or a signed affidavit from the server.
- Courts often accept these as evidence that service was attempted.
Do you suggest it's best to answer the door then?
In New York State, answering the door for a process server is a personal decision. Avoiding service doesn't stop proceedings, but it might delay them. Always consult with an attorney for personalized advice.
What's a good reason to delay the process sever
In New York State, delaying the process server might be beneficial if:
- You need additional time to consult with a legal professional.
- You're seeking to negotiate terms outside of court.
- You're preparing an appropriate response to the impending proceedings.
Once a process server hands you the papers how much time is allowed in NYS
In New York State:
- You generally have 20 days to respond if served personally.
- If served through other means, you typically have 30 days.
- Always confirm with an attorney or court clerk to ensure accuracy.
20 days to respond in what way
In New York State:
- A response typically means filing an 'Answer' to the complaint with the court and serving a copy to the plaintiff.
- This can include admitting/denying allegations or raising defenses.
- Consult an attorney for specifics.
Raising defenses?
In New York State, raising defenses in an 'Answer' could mean:
- Claiming the plaintiff's facts are wrong.
- Arguing the law is on your side.
- Asserting the plaintiff waited too long to sue (statute of limitations).
- Consult an attorney for personalized advice.